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cajunette · Jun 7, 2009, 03:01 PM

My daughter is wanting out of an abusive marriage and has 2 boys ages 3and 2 yrs old.She wants to move from Alabama to Indiana.She is wanting to keep both boys,one is (the youngest)the husbands only child.The oldest was someone else and he has put his name on the birth certificate.But he has no claim to him,he said he doesn't want him.He only wants the youngest.Can she leave with both boys to another state before she gets a divorce?

N0help4u · Jun 7, 2009, 03:11 PM

Others here have told me that you can not kidnap your own kid so I would say she should first file for primary custody before she leaves. In court she can tell all the abusiveness. Document every abusive/neglectful thing he does with days and time. They may or may not take it into consideration.

Fr_Chuck · Jun 7, 2009, 03:14 PM

First sorry but legally since they decided to commit a fraud and add his name to the birth certificate, he is currently the legal father and has full rights to this child also. In addition he can be forced to pay child support also.

In many places he may be stuck as such, but he will at least have to challenge this in court, order a DNA test. But for now, he has full legal rights.

But no she can not just move unless the bio father agrees. He will have visit rights and could even get a court order to force her to either move back or at least return the child.

She needs to move out, get a custody order, file for child support for both children at this point and fight it out in court

ScottGem · Jun 7, 2009, 03:19 PM

He is the legal father but absent a custody order, she can move, but the child could be ordered back.

If she refuses to let him know where she moves to, she could be charged with parental kidnapping.

She would be much better served to file for divorce and get this all do9ne right. If she abandons her husband by leaving the state, it will not look good to a Family Court. She would need to prove the abuse to convince a court that the father shouldn't have visitation.

I would strongly urge her to consult an attorney before she makes a big mistake.

She has already made one mistake but changing the birth certificate. A birth certificate is a legal document and if she had it changed without the father's permission or falsified the document by falsely identifying the father, that's perjury.

In addition, he may now be the legal father because he accepted the role. This could work either for or against your daughter. On the one hand she falsified a legal document. On the other hand, if he is the legal father, then its not going to look good to the court that he only wants his bio son.

She should file for child support for both children.