Ask Experts Questions for FREE Help !
Ask
    rokinrosado123's Avatar
    rokinrosado123 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Sep 24, 2010, 09:55 PM
    What are my rights as a unarried mother to move out of state?
    My son was born in California and I am unmarried. Currently I am visiting family in VA thinking about staying. I lived with the father in California and broke up recently, he turned my phone off and kicked me out of the apartment, along with our son. I was unable to contact him until I a few days after I arrived. I have not received any court papers, however he says he is filing them. Wondering if I am in the right to establish a residence in VA with my son of 8 months. He is also accusing me of kidknapping and said he has pressed charges. Yet again I have not received any notice... what are my rights?

    Thank you
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #2

    Sep 24, 2010, 11:07 PM

    The issue is, he can file for custody in his state, he can ask that the child be returned to that state so he can establish a relationship with the child. So you and the child or you can send the child to live with him, if he files for this in court and wins.

    He may not file or do anything, you did not kidnap so that is not true, but he can file for custody and file to make the child be returned
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
    		  
    #3

    Sep 25, 2010, 02:53 AM
    Quote Originally Posted by Fr_Chuck View Post
    The issue is, he can file for custody in his state, he can ask that the child be returned to that state so he can establish a relationship with the child.
    True only if he files before moving away...
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Sep 25, 2010, 05:01 AM

    If you notified him where you and the child were before he filed kidnapping charges or can show that you voluntarily notified him of your location he won't be able to make kidnapping charges stick.

    But he may be able to compel you to return to CA. Do you have proof that he kicked you out of the apartment?
    rokinrosado123's Avatar
    rokinrosado123 Posts: 2, Reputation: 1
    New Member
    		  
    #5

    Sep 25, 2010, 06:06 PM

    I don't have proof that he kicked me out other then my father helping me move my stuff out. However there is proof the turned the phone off. Don't know if that would help though. And I did let him know I was in va the first opportunity I had but it was 5 days after he kicked me out.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Can a married mother move out of state without the fathers permission and the courts [ 3 Answers ]

Unmarried Mother wants to move out of State, Father not on because [ 1 Answers ]

Asking a question for a family member. Currently, she and child's father have been living together for 6 years and have a 5 year old daughter. He isn't on the birth certificate, but has been in the home since her birth. In the total time of the child's life he has failed to hold a job for longer...

Unmarried mother in Indiana wanting to move out of state [ 21 Answers ]

I have never been married and I live in Indiana. My baby's father is in jail and does not see him or pay child support at this time. My current boyfriend is in the Army and is stationed in New York and I want to move there to be with him. Will I be able to move out of state with my son?

Unmarried Mother Rights to move out of State [ 13 Answers ]

I am a California Resident and have a 14 month old son who was born and is being raised with me in California. I currently live with my boyfriend who is also the father of my son. The relationship is not a good place for me and I have been very unhappy for over a year. I pay for half of our rent,...

View more questions Search