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Mothers legal rights?
My fiend was pregnant in NY state, her relationship with the father of the unborn baby was not good, he was very mentally abusive towards her, as a results she left him while still pregnant. She had the baby in Washington State where she grew up and they lived there for about 4 months. Then she returned being a good hearted person, willing to let him meet his son for the first time, hoping that something could be established to be civil parents. She is currently living as a roommate, unemployed and the father refusing to let her live anywheres else threatening to take her to court. She has a job lined up about 2 hours away from where the father lives in PA. She say the father states she can not take the job or else he will take her to court. Just wondering if anyone has a clue what her rights were when it comes to leaving the state with her son and what the father could do? Can he make her stay?
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Until paternity is declared and the father's rights are established he has absolutely no right to the child. Let me explain that a little. Fathers have rights BUT they have to prove they are the father (rhrough Court-approved DNA testing) and then they have to request those rights - usually visitation, sometimes custody. The mother is then entitled to child support IF she asks for it.
The father cannot refuse anything at this point. He has no rights to the child. She can pick up the child and move and there is nothing he can do. Once he goes to Court (as I explained above) and gets a Court Order she MAY not be able to leave the State. Let him take her to Court - it will establish everyone's right and boundaries BUT if she wants to leave, the time to do it is BEFORE he takes her to Court. |
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Her real issue was she should have never returned. Had enough time passed in the other state, the bio father would not be able to force her back to the state.
She needs to leave, go to a women's shelter, and get legal aid to help and file for custody and file for child support from him. |
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