My sister in law left the state of Alabama with her 2 year old son. She and the father were living together, but were not married. There is no custody in place. She plans on living with us in Louisiana until she can get on her own feet. Her boyfriend was abusing drugs and providing nearly 0% of his income towards bills and food. She was both a full time mother and a full time worker.

Has she violated any laws by leaving the state?

Should she file for custody in the state of Louisiana immediately?

No, she didn't break any laws. I think it would be good if just got custody. On the other hand, if the father isn't trying to mess anything up, it might be best to just leave it for now. Some fathers don't do anything and then when the mother files, they make it really hard on them. If she is expecting child support, she needs to file.

I agree that she did nothing wrong. If there's no order in place then she's free to do whatever. On the other hand if for some reason he would want the child, he too is free to take him because there's no order in place. If you want to be better safe than sorry, get an order. Child support is a good idea. Every child deserves it.

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Originally Posted by erin7799

I agree that she did nothing wrong. If there's no order in place then she's free to do whatever. On the other hand if for some reason he would want the child, he too is free to take him because there's no order in place. If you want to be better safe than sorry, get an order. Child support is a good idea. Every child deserves it.

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Should she file in the state she fled from (Alabama) or in Louisiana?

If she just moved to LA she would need to file in her "home" state of AL because she hasn't established residency yet. However, she can petition the judge in LA to take over the case as soon as she has lived there long enough.

She as noted did not break any law since there was no custody agreement in place, and they were not married.

The issue now is what the residency requirement in LA is. And what their state laws say on this, it is posible she will have to file for custody in the other state for now. She needs to seek legal advice

Yes. Wherever her permanent residence will be.