Can my girlfriend just up and leave with my daughter?

Henghast · 2013-09-25T19:39:47+00:00

I suggest you speak to a lawyer instead of the members of this forum/board.

PerniciousOne · 2013-09-25T19:48:38+00:00

As other people have posted, the most important thing is to speak with a divorce lawyer, especially one who is familiar with the laws in your state.

You do not have any custody agreement right now so there is nothing keeping her from taking her child away from you. You get to be a parent at her choice.

flashingcurser · 2013-09-25T21:25:38+00:00

First get a lawyer. While you're waiting on instructions from your lawyer I would try to "patch things up". It's a little deceptive but try to be nice, be her doormat. This might just buy you time enough to do the things your lawyer is going to ask. If this leads to things being patched up, good, at least you will have everything ready if she threatens to take your child again.

Also, pay the lawyer with funds she will not be keeping track of. Maybe a personal credit card or borrow money from your parents. Once the jig is up, you're screwed.

PowerWisdomCourage · 2013-09-25T19:32:02+00:00

Probably, yes. As far as I know, most states consider unwed mothers to have sole custody until the father files for it. If you haven't, you may want to get on that now.

edit: there also may be some form of paternity test too, so don't wait. You won't be getting DNA once your daughter is gone, I assure you.

BigBite88 · 2013-09-25T20:00:14+00:00

Thanks for the advice. What if she wants to file for child support. Does that mean I will have partial custody and she won't be able to move?

McFeely_Smackup · 2013-09-25T21:14:08+00:00

BOTH parents have "the right" to do pretty much whatever they want with their child, right up until a court says otherwise.

So yes, your girlfriend could take your daughter and leave. You could take your daughter and leave. Nothing illegal about it. However, when the courts get involved you have to follow what the court says, which is usually that the parents aren't allowed to take the child away from the other parent.

You need a lawyer. Or you could just take your daughter and move yourself, and force HER to get a lawyer.

ruboos · 2013-09-25T23:53:35+00:00

This is the most important thing you can read before you talk to a lawyer. And then talk to a lawyer. And then talk to every single lawyer in a 25 mile radius so that she can't talk to them because of a conflict of interest. And then file for a custody arrangement and get her ass out of your house.

I was worried that my ex may take my kids while we were going through our divorce. Because of the UCCJEA, I didn't need to be. If you can hold out until your child starts kindergarten, then that's another reason why she is "established" in your state.

http://m.voices.yahoo.com/interstate-child-custody-law-10-things-should-3915696.html

2013-09-26T02:40:13+00:00

Lawyer up, but be ready to drop a lot of money.

td9red · 2013-09-26T19:07:43+00:00

Most important questions: Is your name on the birth certificate? Have you signed anything acknowledging the fact that you are the father? If not, the Answer is, Yes, your girlfriend can leave and take your daughter b/c according to the state her mother is her only legal guardian. When you are not married to the mother, the first step is proving you are the father. Until the state recognizes you as the father you have no rights. I would advise you to get moving with proving you are the father b/c once your girlfriend leaves the state there is almost no chance the state will demand that the mother bring the child back to the state or give you primary custody.

2013-09-26T00:15:16+00:00

Seek full custody.

VerifyYourBags · 2013-09-26T01:18:30+00:00

Hi, I'm a divorce lawyer. I make a lot of money with this shit. Talk to a lawyer at once. If everybody comes on here asking questions and getting answers I'm paid for giving, my prospects diminish. You need a lawyer.

rightsbot · 2013-09-25T19:28:16+00:00

Post text automatically copied here. (Why?) (Report a problem.)

carchamp1 · 2013-09-26T02:20:44+00:00

I'm not a lawyer, but I do believe Florida is one of a few states that has a presumption of shared physical custody. I don't know the details.

In any event start this process ASAP. If she up and leaves it will make your effort all the more difficult, perhaps impossible

Title	Can my girlfriend just up and leave with my daughter?
Author	BigBite88
Upvotes	22
Comments	19
Date	September 25, 2013 7:26 PM UTC (12 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/1n4h9h/can_my_girlfriend_just_up_and_leave_with_my/
Archive Link	https://theredarchive.com/r/MensRights/can-my-girlfriend-just-up-and-leave-with-my.1162916 https://theredarchive.com/post/1162916

Comments