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View Full Version : What is the Connecticut law on father leaving the state with a child?


mahoney8709
Jan 3, 2012, 06:26 AM
What is the Connecticut state law on a father leaving the state with a child?

AK lawyer
Jan 3, 2012, 06:29 AM
The non-custodial mother has visitation rights by court order? Does this order provide for either parent moving?

mahoney8709
Jan 3, 2012, 06:34 AM
Father and mother are not married. They are being evicted from their home and are invited to live with the father's parents down in Florida. The mother does not want to go, but they have no where else to live. The father does not want to go to a shelter when he has a place to go. Can he take his son out of the state?

joypulv
Jan 3, 2012, 06:42 AM
You didn't answer the questions about court orders, married or not.

mahoney8709
Jan 3, 2012, 06:55 AM
There are no court orders.

joypulv
Jan 3, 2012, 07:23 AM
Was paternity established? Is the father on the birth certificate?

Fr_Chuck
Jan 3, 2012, 07:29 AM
At this point they are not even separated, and the father has as much right as the mother to custody and to move with the child.

If the father goes, the mother could file in court to order the father to return the child to the state.

If she does not, the father after he is in Fl long enough with the child can file for custody in FL

This is assuming the father is listed on the birth certificate or has established legal paternity if not on birth certificate

mahoney8709
Jan 3, 2012, 07:36 AM
The father is on the birth certificate. There are no court papers. We just want to know if he takes the baby out of CT will he be arrested for kidnapping.

Fr_Chuck
Jan 3, 2012, 07:53 AM
No, he is the father, there is no court orders for custody, if the mother files for him to return the child he would have to.

And to be honest it sounds like he is making the better choice, homeless or live with family.

What is the wife suggesting they do and where does she want to live

AK lawyer
Jan 3, 2012, 05:48 PM
Father and mother are not married. They are being evicted from their home and are invited to live with the father's parents down in Florida. The mother does not want to go, but they have no where else to live. The father does not want to go to a shelter when he has a place to go. Can he take his son out of the state?

This is a free country. If both parents of the child are still living together (in other words, they are not disputing child custody), and assuming there is no criminal probation or parole in effect, they are free to take their child anywhere they want. :confused:

ScottGem
Jan 3, 2012, 06:35 PM
The father is on the birth certificate. There are no court papers. We just want to know if he takes the baby out of CT will he be arrested for kidnapping.

Being arrested and being convicted are different things. If you leave the state, the mother could file a warrant for kidnapping. But, if you don't try to hide the child from the mother, then its unlikely you will be prosecuted.