Family Law Question
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diamonddave9
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PostPosted: Fri Jun 24, 2011 6:47 pm    Post subject: Family Law Question Reply with quote

There is a young unmarried couple with an infant child. The father works fulltime, the mother takes care of the baby all day and goes to school a few nights a week. The father is useless when it comes to the baby, not offering to help at all, and is abusive to the mother. The mothers hometown is 1500 miles away and the father says if you even think of leaving, I'll take the baby, keeping the mother in this "relationship".

Can the mother just up and leave with the baby? And if she does will she continually be hauled back 1500 miles to court every time there is some legal matter?
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Punch
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PostPosted: Fri Jun 24, 2011 7:06 pm    Post subject: Reply with quote

I'm no lawyer but I am guessing if it is an abusive relationship and she has proof of it then she can go ahead and flee with the baby back home and get a restraining order on the father for fear of hurting the child as well. After that I think the father would have to get a lawyer for anything else to happen.
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diamonddave9
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PostPosted: Fri Jun 24, 2011 7:33 pm    Post subject: Reply with quote

Punch wrote:
I'm no lawyer but I am guessing if it is an abusive relationship and she has proof of it then she can go ahead and flee with the baby back home and get a restraining order on the father for fear of hurting the child as well. After that I think the father would have to get a lawyer for anything else to happen.


There is no proof, yet, and it is 99% verbal abuse, but still abuse
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Skibo



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PostPosted: Fri Jun 24, 2011 9:05 pm    Post subject: Reply with quote

I am sure there is some type of free legal advice to abused women in the area, she should seek someone licensed in her state before she does runs off. Since the abuse isn't documented that's a problem.
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Manhat10ite
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PostPosted: Fri Jun 24, 2011 9:46 pm    Post subject: Reply with quote

Tell your son to man up and stop abusing his woman.
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Asak10
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PostPosted: Fri Jun 24, 2011 11:39 pm    Post subject: Reply with quote

Skibo has good advice re: finding help through a clinic or advocacy group.

If she is abused she should file for a protective order in her current residence, . Unfortunately the father is still the father until a court tells him otherwise. She should get professional help asap, file an emergency protective order, and find a safe place to stay while it is being figured out. If she does flee then yes, she would have to come back to court if something is filed. There may be other punishments against her for fleeing with the child, but laws vary wildly from state to state so I don't know. And I don't do much family law, but my gut tells me fleeing with kid is bad idea and could end up working against her. Hence the reason she needs prof. help asap.
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Asak10
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PostPosted: Fri Jun 24, 2011 11:41 pm    Post subject: Reply with quote

Oh and fleeing to get a prot. order may not work, the place where she would flee to likely wouldn't have jurisdiction over the husband. I'd have to research as I've never looked into something like that.
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Rizla



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PostPosted: Fri Jun 24, 2011 11:52 pm    Post subject: Reply with quote

Fuck all that. She should just leave with the kid. Never to contact the prick again or reveal her whereabouts to anyone. She sounds young enough to start fresh somewhere far away from him. The kid will probably be better off without him anyway and forget him soon enough.

She'd only get found if she opens her mouth.
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hash27



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PostPosted: Sun Jun 26, 2011 5:34 pm    Post subject: Reply with quote

Rizla wrote:
She'd only get found if she opens her mouth.


If you would have done that originally, instead of opening her legs, she wouldn't be in this predicament.
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Boxcutta
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PostPosted: Sun Jun 26, 2011 5:44 pm    Post subject: Reply with quote

Rizla wrote:
Fuck all that. She should just leave with the kid. Never to contact the prick again or reveal her whereabouts to anyone. She sounds young enough to start fresh somewhere far away from him. The kid will probably be better off without him anyway and forget him soon enough.

She'd only get found if she opens her mouth.


I think he was looking for practical advice rather than the plot to a Lifetime movie.
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Rizla



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PostPosted: Sun Jun 26, 2011 7:04 pm    Post subject: Reply with quote

The guy sounds like he wouldn't give a fuck.
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Boxcutta
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PostPosted: Sun Jun 26, 2011 9:21 pm    Post subject: Reply with quote

It's called "parental kidnapping," Rizla. It's generally frowned upon.
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Rizla



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PostPosted: Sun Jun 26, 2011 9:24 pm    Post subject: Reply with quote

oh please, she's the kids mother. She moves to some other state, he doesn't give a fuck and is glad of no child support. done deal.
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Rizla



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PostPosted: Sun Jun 26, 2011 9:25 pm    Post subject: Reply with quote

woah quick edit to add parental or am i tripping?
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Boxcutta
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PostPosted: Sun Jun 26, 2011 9:29 pm    Post subject: Reply with quote

Edited, but your advice is terrible, regardless. How could you possibly know that the father wouldn't ever want to see the child again?
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Rizla



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PostPosted: Sun Jun 26, 2011 10:02 pm    Post subject: Reply with quote

A hunch.
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SmokinDaCrak
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PostPosted: Mon Jun 27, 2011 1:14 am    Post subject: Reply with quote

This will be a ton of fun once child services gets involved.
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pirate booty
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PostPosted: Wed Jun 29, 2011 2:02 am    Post subject: Reply with quote

If he's a douchebag dad, chances are that he isn't going to file shit.

go get her and bring them home.
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Boxcutta
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PostPosted: Wed Jun 29, 2011 2:33 am    Post subject: Reply with quote

OK, two attorneys have told you that the father has rights, DD9 has made it clear the father is willing to use the baby as leverage.

On the other hand, everyone else has said just take the kid across state lines and hope for the best. I'd just go ahead and do that. What could go wrong?
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lisamarie420



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PostPosted: Wed Jun 29, 2011 3:38 am    Post subject: Reply with quote

Boxcutta wrote:
It's called "parental kidnapping," Rizla. It's generally frowned upon.


i don't know how it works up your way, but if the father doesn't legitimize the child, even if his name is on the birth certificate, he doesn't have any rights.

of course, this is how it works in georgia. they are a bunch of hillbillies.
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SmokinDaCrak
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PostPosted: Wed Jun 29, 2011 3:39 am    Post subject: Reply with quote

How does one "legitimize a child"?
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lisamarie420



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PostPosted: Wed Jun 29, 2011 4:49 am    Post subject: Reply with quote

the answers you seek, young padawan:

http://answers.uslegal.com/paternity/16185/
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FuslaIII
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PostPosted: Wed Jun 29, 2011 6:22 am    Post subject: Reply with quote

Great link. Prior to that, I only knew how to sodomize a child. Thanks, lisa.





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FuslaIII
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PostPosted: Wed Jun 29, 2011 6:28 am    Post subject: Reply with quote

Speaking of child sodomy...I guess this is as appropriate a place as any:

http://www.buzzfeed.com/gustonyc/my-vagina-aint-handicapped-freestyle-2nz2
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lancoulson21



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PostPosted: Fri Aug 01, 2014 11:25 am    Post subject: Reply with quote

This may be called parental kidnapping, According to the law in omission of a court order determining the rights of custody to a child, a person having a right of custody of the child commits the crime of parental kidnapping if he removes, takes, detains, conceals, or entices away that child within or without the state, without good cause, and with the intent to deprive the custody right of another person or a public agency also having a custody right to that child.
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Last edited by lancoulson21 on Tue Aug 05, 2014 4:23 am; edited 1 time in total
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