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Can a Legal Father Take the Child Out of State, No Custody Order

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  • 06-27-2015, 12:44 PM
    amy13790
    Can a Legal Father Take the Child Out of State, No Custody Order
    My question involves a child custody case from the State of: Pennsylvania

    Parents living together not married. Father is on birth certificate. Can the father just grab the baby and leave the state against childs mothers wishes? Its about 12 hours away.
  • 06-27-2015, 01:11 PM
    Dogmatique
    Re: No Custody Order Not Married Father on Bc Can Father Take One Year Old Out of Sta
    Has he gone on vacation or has he taken the child to live 12 hours away?
  • 06-27-2015, 01:27 PM
    llworking
    Re: No Custody Order Not Married Father on Bc Can Father Take One Year Old Out of Sta
    Quote:

    Quoting amy13790
    View Post
    My question involves a child custody case from the State of: Pennsylvania

    Parents living together not married. Father is on birth certificate. Can the father just grab the baby and leave the state against childs mothers wishes? Its about 12 hours away.

    From whose perspective are you asking this question? Mom's or Dad's?

    In an unwed situation mom has custody by default so it would be an incredibly stupid thing for dad to do. However, if mom rolls over and plays dead dad could get away with it.
  • 06-27-2015, 01:38 PM
    adjusterjack
    Re: No Custody Order Not Married Father on Bc Can Father Take One Year Old Out of Sta
    Quote:

    Quoting amy13790
    View Post
    My question involves a child custody case from the State of: Pennsylvania

    Parents living together not married. Father is on birth certificate. Can the father just grab the baby and leave the state against childs mothers wishes? Its about 12 hours away.

    Obviously he CAN do it if he DID do it.

    Maybe not the smartest move but the child is as much the father's as it is the mother's.
  • 06-28-2015, 07:47 AM
    amy13790
    Re: No Custody Order Not Married Father on Bc Can Father Take One Year Old Out of Sta
    I guess its more like 24 hours away. He has not done it but is threatening to grab the child and go permanently. If mom files for custody can he still take the child out of state while waiting to go to court?
  • 06-28-2015, 08:15 AM
    Ohiogal
    Re: No Custody Order Not Married Father on Bc Can Father Take One Year Old Out of Sta
    How is he going to "grab" the child and go permanently? To where is he going to go? Is it out of country? Are both parents American Citizens?
  • 06-28-2015, 09:03 AM
    Mr. Knowitall
    Re: No Custody Order Not Married Father on Bc Can Father Take One Year Old Out of Sta
    If mom is worried that dad is going to relocate to another state with the child, mom should file for a custody order.
  • 06-28-2015, 10:09 AM
    llworking
    Re: No Custody Order Not Married Father on Bc Can Father Take One Year Old Out of Sta
    Quote:

    Quoting amy13790
    View Post
    I guess its more like 24 hours away. He has not done it but is threatening to grab the child and go permanently. If mom files for custody can he still take the child out of state while waiting to go to court?

    If mom files for custody then he would not legally be able to do that, but that wouldn't necessarily stop him from actually doing it. He would just get in more trouble for doing it.

    Filing for custody however, IS the smartest thing that mom could do at this point, since he is making those threats.
  • 06-28-2015, 01:38 PM
    Dogmatique
    Re: No Custody Order Not Married Father on Bc Can Father Take One Year Old Out of Sta
    Quote:

    Quoting amy13790
    View Post
    I guess its more like 24 hours away. He has not done it but is threatening to grab the child and go permanently. If mom files for custody can he still take the child out of state while waiting to go to court?

    24 hours away? Where's he threatening to take the child - Australia? What?

    Along with filing for custody, Mom might consider a temporary injunction preventing EITHER parent from removing the child from the court's jurisdiction.
  • 06-28-2015, 03:58 PM
    BooRennie
    Re: No Custody Order Not Married Father on Bc Can Father Take One Year Old Out of Sta
    Quote:

    Quoting Dogmatique
    View Post
    24 hours away? Where's he threatening to take the child - Australia? What?

    Along with filing for custody, Mom might consider a temporary injunction preventing EITHER parent from removing the child from the court's jurisdiction.

    I know it's 23 hours from my home place to my current location. And I'm not out of the contiguous 48 states.
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