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    FlaminHemp's Avatar
    FlaminHemp Posts: 1, Reputation: 1
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    #1

    Oct 22, 2007, 07:43 PM
    A Father's rights
    My fiancé has 5 childeren with his ex. The youngest, is now 10 months old and has been in our care in our home for the last 5 months. She has had every opportunity to visit, and just dosen't. When she does come for a visit, she only spends 5 or 10 minutes. With him, and rarely touches or holds him. They were never married, and there is no official custody. We are wanting to move back to my home state and live by my family and get married there. Is there anyway she can prevent us from taking him, since neither of them has filed for custody?
    charlotte234s's Avatar
    charlotte234s Posts: 1,903, Reputation: 143
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    #2

    Oct 22, 2007, 07:44 PM
    She can petition for custody if she has a problem with you guys moving away, but I doubt that she would win since he is in your care and she doesn't seem to have much interest in the child anyway.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #3

    Oct 22, 2007, 07:48 PM
    You need to petition the court for full and legal custody. Without that court order you risk being charged with kidnapping as many states give legal custody to Mom if the parents are not married.

    Please contact a family law attorney in your area to start the proper paperwork.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #4

    Oct 22, 2007, 07:50 PM
    If neither has filed for custody and he's been proven to be the father, then no.
    charlotte234s's Avatar
    charlotte234s Posts: 1,903, Reputation: 143
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    #5

    Oct 22, 2007, 07:50 PM
    She is right, you do not want any problems like that, so definitely seek legal custody first.
    isupportmyhusband's Avatar
    isupportmyhusband Posts: 3, Reputation: 1
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    #6

    Oct 24, 2007, 07:01 AM
    Quote Originally Posted by FlaminHemp
    My fiance has 5 childeren with his ex. The youngest, is now 10 months old and has been in our care in our home for the last 5 months. She has had every opportunity to visit, and just dosen't. When she does come for a visit, she only spends 5 or 10 mins. with him, and rarely touches or holds him. They were never married, and there is no official custody. We are wanting to move back to my home state and live by my family and get married there. Is there anyway she can prevent us from taking him, since neither of them has filed for custody?
    Your fiancé needs to seek full custody ASAP.
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