Can I leave the state with my 2 children who have been in Mississippi for one year to return to Delaware?
I had two boys out of wedlock. The mother of the children does not want me to see the children at all and is a MS resident. There is no order in place for visitation or child support. My child's grandmother has allowed me to take the children for the weekend (she needs a break). Mom is out of town. I have the boys in my possession
now. Can I take the two boys to Delaware without being charged for kidnapping for the purpose of raising the boys there? I have signed both birth certificates and acknowledgement of paternity. I have also
Contributed significantly to child support as well.
1 attorney answer
“[I]n custody [matters] involving an illegitimate child, when the father acknowledges the child as his own, the father is deemed on equal footing with the mother as to parental and custodial rights to the child. Id. (citing Smith v. Watson, 425 So.2d 1030, 1033 (Miss. 1983)).” Romans v. Fulgham, 939 So. 2d 849, 856 (Miss. App. 2006).
Based on your plan, what is to keep the mother from snatching the children from you? She has equal rights to the children. Also, I believe your plan is emotionally damaging to the minor children.
The best course of action is to file for custody of the minor children in their home state. Your statements indicate the home state is in Mississippi.
Once you file, it is not likely that you will face a kidnapping charge because the matter is before a Court, and your attorney can assist you if necessary. The police do not have time to deal with domestic matters that are already pending in a court. After you receive a temporary order, the Court will not tolerate someone snatching the children from you.
Hire a family law attorney that has time to get the matter before the Court quickly where you can get on with your life and focus on the needs of your children.