[Dlady]

I have a current question on this matter posted already, but this one is more directed on rights of a parent in jail. Does one parent have the rights to take a baby across state line even though there has been no divorce or sepration filed with the courts, while she is in jail? *she doesn't even know her world as she once knew it to be, before she went in, in March. Is even in such a mess* I have the child now due to the father being unfit and offering me temp custody, but now he wants to pull him out of my home and move him into another woman's home in a different state. ( my previous entry)

[Fr_Chuck]

Are they married ? Is he named on the birth certificate, if he is not named, is there a custody agreement.

If they are both on the birth certificate, both have current and equal rights to take the child anywhere they want.
So he offered temp custody, was this though the court? If not it is nothing. You need to file for divorce, file for child custody and child support

[Dlady]

They are not even separated as far as the mother knows, she was just sent in for not reporting to her parole board and they put her back in for 6mnths. So no they are not divorced, he is wanting to take him across state line without anyone knowing where they are before the mother gets out. I am the aunt, with verbal custody agreement, nothing in writing. Which is why I am trying to find out if there is anything I can even do to stop him from putting the child in an unsafe environment. Needless to say the father is my family member and not the mother. :(

[Fr_Chuck]

You will have to ( best to get an attorney) go to family court and get a custody order. But you will have to prove the father is unfit