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

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


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 very limited facts presented, and therefore may not be correct. You are advised that it is always best to contact a competent and experienced with the practice of law in the county in which you reside, particularly as it relates to family law, child support, custody and visitation (a/k/a "parenting time") issues, including 209A abuse-prevention restraining orders (a/k/a "ROs" in legal-speak), regarding un-emancipated children, under the age of 22.

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3 lawyers agree


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 day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.

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3 lawyers agree


"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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