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-   -   Mother wants to take my kids out of state (https://www.askmehelpdesk.com/showthread.php?t=779258)

  • Dec 17, 2013, 04:31 PM
    sambazzi81
    Mother wants to take my kids out of state
    I live in Michigan and my girlfriend is trying to take my two boys and move to Tennessee and my name is on the birth certificate what can I do to stop her from taking them? Please help.
  • Dec 17, 2013, 04:42 PM
    ma0641
    She can't just take them, that's kidnapping. Please expand on the circumstances
  • Dec 17, 2013, 05:00 PM
    ScottGem
    Not quite true. Have you been to court to establish custody? Until there is a court order defining custody and visitation, you have equal rights to the children. That means she can take the children and move. As long as she does not hide the children's location from you, its is unlikely to be considered kidnapping.

    What you need to do is go to court immediately and request an emergency custody hearing and an injunction to prevent her from moving. Once there is pending litigation and she tries to move you can have a court order that the children be returned.
  • Dec 17, 2013, 05:29 PM
    ma0641
    Says she is a girlfriend, not mother.
  • Dec 17, 2013, 05:33 PM
    J_9
    Most likely the girlfriend is the mother of his children.
  • Dec 17, 2013, 06:30 PM
    cdad
    According to the title it says Mother. So this all needs to be addressed by the courts to make sure everything is proper.
  • Dec 17, 2013, 06:35 PM
    ScottGem
    I edited the title. I can see Ma0641's point. But there is a heavy assumption here that the girlfriend is the mother. If she isn't, then yes it would be kidnapping.

    Hopefully the OP will return and clarify.
  • Dec 17, 2013, 07:12 PM
    ma0641
    Also says "my two boys" not "our children". Who knows, just guessing here until the OP responds.

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