I have a friend that is living with his girlfriend he is supporting her, her son from a previous relationship and now their son they have together. He is on the birth certificate and is an active father. He is wanting to take his son to a funeral out of town for a family member, girlfriend is not allowing him to take the child she has threatened to charge him with kidnapping if he takes his son with him. I am trying to locate a law for him stating he is allowed legally to take his son. We know moraly he should be allowed but we need to have something in writing so she can not come after him. They are still living together but right now they are not getting along so well. Does any one know where I can locate a law regarding this? They have never gone to court he has been with her for 4 years and the child is a baby and he is a active father to both her son (from a previous relationship) and his own son. He has to leave town on Friday and we have been searching and have not come up with anything and we have tried to contact an attorney but no one has an opening soon enough for him Thank you very much! Desperate friend in need.

I have been told(thisdepends on where you live) that as long as he's with his daddy and if no one really has sole custody of the child then she can't do anything to him. Now if she has custody and it states on there he can't go out of thestate in the papers then he's got some trouble. Find some family or friends who have talked to attorneys and ask them what they think. Of cours e it seems to me every attorney has a different story.

What crankiebabie said sounds reasonable. I think your friend CAN take the child out (but of course, I'm no attorney).

Question. Why is the mother not allowing this? I mean, doesn't she know this could potentially destroy her relationship with him?

Your friend took on a child as your own; helped to bring him up and she won't let him take him to a funeral?? How selfish is that. She is only thinking of herself in this situation. Not your friend or the child.

Sounds like that she is angry at him for some reason and is using the child as a weapon? Which is 100% wrong. Has the relationship broke down?? Sounds like a possibiltie - You did say they were not getting along!

The law side of things I cannot answer as I live in the Uk - I would imagine things are done slightly different over there than they are done here - however if there is nothing in writing and it's his own son he wants to take to a funeral surely their cannot be anything to stop him. He could even tell family relatives & friends perhaps that he is taking his son to a funeral, where it is, times etc. At least then if any questions were raised people would be able to vouch for him and see that his girlfriend is just being difficult.

Hi,
I have a feeling that this relationship is about to be over, between your friend and his live-in girlfriend!
OK, your friend's son (his real son) by his girlfriend is the one he wants to take out of town?
I am not a lawyer, not a professional, and do not know this for a fact, but;
Your friend can take his son (not hers) anywhere he wants to.
It's his son and he has the legal right to be with him anywhere. There is no separation papers, no marriage, nothing legal, in writing, that he CAN'T have visitation and take his son anywhere.

Your friends' girlfriend is "just blowing smoke", and will be laughed out of the Magistrate's Office, or where ever she will try charging him with kidnapping!
Your friend is legally the boy's father, and she is legally his mother. There are no legal visitation rights written out.
Of course, you have to realize that, again, I am not a lawyer! I do your friend the best of luck, and If I were he, I would get out of this relationship before it really gets more complicated. All of this also would be, legally, up to the State in which they live.