Can unmarried mother of newborn deliver baby in one state and move to another state if the father of baby is not n agreement?
1 attorney answer
Either parent can move with the child, over the other party's objection, so long as nothing has been filed. If an action has been filed in the court system in this state (or any other really), there is usually an injunction that prohibits the party's from taking the child out of state without approval. The injunction is usually part of a divorce proceeding. If the party's were never married, then the action would be an allocation of parental responsiblities. There is, usually, no injunction in this proceeding.
That said, even if nothing has been filed and mother takes baby out of state, dad can start an allocation of parental responsibilties (APR) action here. If he files before the child has lived in Kansas for more than six months, then mom would be forced to return to Colorado to fight the action. Filing of the action, after the move, cannot force mom to return with child but she will have to defend against the action. If it is filed before the move, it MAY (and I stress MAY) force her to return. If filed after 6 months, then Kansas would take jurisdiction under the UCCJEA (uniform child custody enforcement act)
Short answer, if nothing filed, move quickly. If something filed, then that will be a whole other story.
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