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Tom_Smith · Oct 1, 2011, 10:08 AM

My Niece had a kid with a guy but never got married and lived together only for a few months. She then moved in with my Parent's (her Great Grandparents) for a little bit. My Parent's are 80 years old and now have been taking care of the newborn for almost 2 years (she is 2 1/2). My Niece moved in with another guy and my Parent's take care of the 2 1/2 year old all week (meaning continuosly and overnight) Monday - Friday while my Niece works.
She lives too far away for her to come pickup her kid every night and bring her back in the morning. The kid's Father is a useless PoS and does not contribute anything. Now my Niece wants to move out of State with new boyfriend and take her kid but tells my Parent's she can not because the PoS Father of the child will make a big fuss and get it so she can not do so. As far as I know my Niece has soul Custody. My Niece had her kid in NH and that is where she lives now.

ScottGem · Oct 1, 2011, 10:19 AM

If the father is the legal father he CAN make a fuss. But if there are no court orders detailing custody and visitation then she can move. The father would then have to go to court to try and bring her back.

If has not been a part of the child's life I doubt if he would win, but it is a possibility.

Fr_Chuck · Oct 1, 2011, 10:27 AM

First it is sole, not soul, God may own the soul, but the court can not award the soul.

Is there a custody order, is there a visitation order ( even if not being used) if there are court ordered custody and visit orders, yes the bio father can stop her from moving out of state with the child, at least without going to court to get it approved by the court first. If there is no court order effecting it, she could move, but the bio father could file in court to require her to return the child back to your state.

AK lawyer · Oct 1, 2011, 01:51 PM

Originally Posted by Fr_Chuck

First it is sole, not soul, God may own the soul, but the court can not award the soul. ...

Except in fiction: the Devil and Daniel Webster, for example.

Anyway, if we are going to quibble about trifles, by my calculations, OP's niece would be the granddaughter of OP's parents, not the great-grand-daughter. Perhaps OP means that his/her parents are the great-grandparents of the 2 1/2 year old.

Tom_Smith · Oct 2, 2011, 12:09 PM

"Perhaps OP means that his/her parents are the great-grandparents of the 2 1/2 year old "
YES... Sorry about that. My younger Sis is my Niece's Mother and I am pissed that she
Is doing NOTHING to help my Niece and leaving my Father (81) and Mother (83) to bring up
The 2 1/2 year old. My Parent's are not wealthy and are putting off taking care of themselves
To help my ungrateful Niece (IMHO). Since having the 1st kid she had Twin's last Summer with
Another guy and now I find out she is ready to pop another kid this November from another
Guy. The only standup guy is the one from the Twins and he took them back to the State he
Is from. He loves my Niece and said he would spport her and all the kids. That is why I asked
The original question. She is thinking of going there but does not want to leave the 2 1/2
Year old here. Thanks for all your replies !