my daughter is almost 8months old im married to her dad and i was
wondering if i could move to anouther state with her with out me getting
in troubal with the law! he has no visitation rights because we are not
divorced and none of this is in court! but all my family lives in ny and
i live here in ga with no family- he left and im alone and want to move
back to ny! do you all think this is a bad idia? & can i get into
troubal takeing his daughter to anouther state to live? he doesent see
her anyways.

vanessa

well vanessa i would say go ahead and move.if you are alone whats the
sense in hanging around.you may want to notify him that you are
moving.just so he is aware of it.now if he left you,you should have a
problem with the courts or anything.usually the mother would get full
custody of the child anyway.but now that i think about it you may want
to contact someone to see if there would be any legal issues before you
leave.good luck.

there's a good chance you could be charged with kidnapping. i would
check with the authorities first.

no I went throught this .I'm a guy .as long as don't have Divorce
started ,u got no worrys u can go any where u want to & if does or his
lawery saay u got come bsck ,don.t worry ,they just trying scare u in
coming back ,u don't have to. if u got court order against leaveing the
State ,now u can't ,it kidnaping your owne kid ,if u do ,but now go as
long as u can.ask me any thing about this any time
iamhonetone@hotmail.com

I don't think I would just pack up and leave, I would call the
prosecuting attorneys office and check what the law is in your
state~~each state is different. Does your husband live in your state? He
doesn't see the child at all? Does he help support your daughter?
I think if you wanted to move back to NY I would be checking out all of
this before you get your divorce, I know here in Indiana you are not
allowed to move more then 100 miles within the state. You need to make
up your mind and follow through rather quickly before everything goes
through. But, do it legally!!
I wish you and your daughter the best of luck

btw i got an IM from you, but it didn't say anything...

What every you do call a lawyer in your town most give the first visit
free or will answer that over the phone sometimes each state is differnt
believe me a friend of mine his wife left with his son I live in texas
he filed divorce papers and she had to come back to texas or loose
custody of her child he did help her find a place to stay once she came
back but he was gonna get custody if she did not come back so never
assume anything always check out what the laws for your state is. Better
be safe than sorry.

Ck with legal aid, but if no one has filed, good poss., if your
seperated & can prove he is not living there, if can prove he is not
aiding in support, you can move as you chose. But I would immediately
file for legal seperation/divorce upon arrival in New York. Could make
a difference in which state has jurisdiction frst.

no he don't have anything to do with her or pay child-support! he's
planning on movieing but won't alow me too. but i talked to a police
officer and he said as long as were not in court getting a divorce then
he has no rights and i can do as i please..
thanks for the advise.
vanessa

if you need to move, do it BEFORE divorce proceedings...some courts are
very sticky on how far you may remove your children.

my mother lives in a dead-end town of less than ten thousand
people...and they won't allow children to leave the TOWN, let alone the
county or state without express permission in advance. had three
friends lose their children for trying to move forty-five minutes away.
literally.

find out about your rights, talk to a lawyer..

you can move anywhere you want but if you do so he can file for divorce
and custody in the state he is a resident of and make you go back to
fight him, you on the other hand would have to follow the states
guidelins in which you move to and would not be able to file until
proven residency of somewhere around 30 days to 6 months. No he CANNOT
file any charges against you for anything to do with moving away from
him with the child/children. No chance whatsoever.

oops as long as there is no court order of custody/visitation whether
it be through a divorce, divorce filing, or custody agreement.

Those divorce decrees r written in stone until changed by a judge...I
wonder if there is a free site to look up someone to see if they are
still alive..lol

I agree with LuLu and TXGal....talk to a lawyer and see what your legal
rights are and if it is a go then leave before a divorce proceeding is
started and he tries to complicate your life just for the sake of
knowing that he can...
I hope it all works out for you and your precious little one!

Technically, There are no rules right now. But you really should consult
an atty. You should show that you made every effort to find the father
before you left. You can also file for a divorce and charge him with
abandonment. Leave your N.Y. adress as a forwarding adress and you're
not hiding legally. Tell the judge that you needed your familys help to
raise the child.

Talk to a lawyer, you could and probably be charged with kidnapping.

i moved just fine before my divorce...took my kids three hours away, and
there wasn't a thing he could do about it.

in order to LEAVE that town...i had to have it written into my divorce
decree that i would relocate for school. if i leave arkansas, the court
now has to approve it.

MUCH easier before the divorce was started.

DONT move to tennessee. You would get locked down to a 100 mile radius.
Thats just WRONG!! GA is pretty liberal. Since your NOT divorced i would
go ahead and move back to ny. give me a holler if you have any
questions. One of my friends just moved from GA to tx. TN is the MOST
GAWD AWFUL PLACE!

There's a lot of good advise here hun, and here's a recap. Do not do
anything without checking with an ATTORNEY first. I mephasize attorney
and not a cop, because the attorney knows the laws a hell of a lot
better than most cops. After all it is the lawyer that takes it into
court to argue not the cop.
Also, most, if not all states, have abandonment scenarios. Each states
has seperate requirements, a lawyer can telly ou the specifics for your
state. Third, if lawyer says no problem, then move BEFORE the divorce,
leave forwarding address with your attorney, or a member of his family
(I would actually reccomend both)and state why you are moving. In this
case, i would cite that you need the assistance of your family in
raising the child cause you have no assistance where you are at. This
shows that you are looking out for the welfare of the child, not trying
to "screw" the father. And finally remember, whatever state you move to
you will have to wait until you are a legal resident, In michigan as an
example it is 6 months. I do not remember New Yorks law on this.
Now if you do all this, move before filing and what not for the purpose
of providing for your child you will have the chance to ask the courts
to change the location of the hearing if he decides to file divorce
first. But you have to be able to show that you did everything in
order to provide the best interests for the child not for you. And
also, whatever state the divorce is decided in, is the state that will
decide child support issues and pay. My ex is living in florida. They
have a lower child support payment. however the case was decided in
michigan and she has to pay michigans higher child support.
Good Luck and best wishes...