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    cbringuez66's Avatar
    cbringuez66 Posts: 5, Reputation: 1
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    #1

    Oct 28, 2009, 12:29 PM
    Child custody
    I had two children out of marriage and the only tie they have to their father is their last name. The relationship didn't work out and I never pursued him for any legal money. Does he have any legal rights as to what I do with my girls? I would like to move out of state and do not want to be charged with kidnapping.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Oct 28, 2009, 12:30 PM

    Are there any Court Orders concerning custody or visitation? If not, you are free to move.

    The father must legally pursue his legal rights before he can exercise them - he would have to go to Court and get a custody/visitation order which would probably also involve paying you support.

    At the moment you can go wherever you want to go.
    shelby4632's Avatar
    shelby4632 Posts: 7, Reputation: 0
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    #3

    Nov 2, 2009, 08:25 PM

    Your best bet would be speak with an attorney in your state . All states are different when dealing with rights to children. Some Lawyers will offer free consults letting you know what is legal in your specific state as well as best advice on what your responsibilities are .Make sure everything you do is always what is in the best interest of the children.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Nov 2, 2009, 08:28 PM

    He is their father. That gives him equal legal rights to HIS children. But, as Judy said, he has to exercise those rights. If there is a visitation order in place and you move without court permission you could be forced to move back or be cited for parental kidnapping. But if no visitation order is in place, then there is nothing barring you from moving.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Nov 2, 2009, 08:34 PM
    Quote Originally Posted by shelby4632 View Post
    Your best bet would be speak with an attorney in your state . All states are different when dealing with rights to children. Some Lawyers will offer free consults letting you know what is legal in your specific state as well as best advice on what your responsibilities are .Make sure everything you do is always what is in the best interest of the children.
    You are incorrect - my advice is correct. The father has NO rights until he goes to Court to exercise/enforce them.

    This does not require an Attorney.

    I notice you continue to recommend free consultations and free advice from Attorneys, more than one if possible. This is simply unfair to the legal community which sells services, the same as your local grocery store sells apples and oranges.
    shelby4632's Avatar
    shelby4632 Posts: 7, Reputation: 0
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    #6

    Nov 2, 2009, 09:45 PM
    Quote Originally Posted by JudyKayTee View Post
    You are incorrect - my advice is correct. The father has NO rights until he goes to Court to exercise/enforce them.

    This does not require an Attorney.

    I notice you continue to recommend free consultations and free advice from Attorneys, more than one if possible. This is simply unfair to the legal community which sells services, the same as your local grocery store sells apples and oranges.
    I agree: your answer is correct as far as the father's rights, however I do stand by my answer. Contact an attorney to get advice on action plan to exercise those rights. My attorney suggested that we take advantage of the free consultations if we were not completely comfortable with the options he had stated. By doing so we have explored our options as consumers of services.

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