Bio mother of child wants to take child away from bio father without his consent and move across the country.

Asked over 1 year ago - Erving, MA

They are not married. He is on the birth certificate. They currently living together, but she wants to move across the country and take the baby with her.
Can she do that? Or would that be considered parental kidnapping? What can he do to stop her from taking his child?
The move is planned to be permanent.

Attorney answers (3)

  1. Julie Court Molloy

    Contributor Level 15


    Lawyers agree

    Answered . Father should file a complaint for paternity, and a motion for temporary orders, pursuant to which he seeks joint legal and physical custody of the child, an order establishing a parenting schedule, and to prevent Mother from moving out of state without the Court or father's permission.

    He should retain an experienced family law attorney to assist him with this matter.

    Best wishes.

    No attorney-client relatonship is created in responding to this question, and advice provided is based solely on... more
  2. Thomas J Callahan

    Contributor Level 18


    Lawyers agree

    Answered . I agree with Atty. Molloy. Get into court ASAP. Establish your paternity, and file a motion to prevent the move. Be prepared, however, for the possibility that she is allowed to make the move. Every case is very fact specific, but broadly she has to prove advantage to her plus best interest of the child. Any move should only be allowed with a detailed plan for contact with you via vacation visits and phone/Skype.

    To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a... more
  3. Keith G Langer


    Contributor Level 19

    Answered . "They are not married."

    And has probably taken no other legal steps. If HE wants to, the father can file for paternity, temporary orders and to establish a custody and visitation schedule.

    By doing so, he will obligate himself to child support. HE should discuss this with counsel.

    The foregoing is for general information purposes and does not establish an attorney-client relationship.

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