people familiar with child custody laws please come in

So a friend of mine recently called to tell me his baby mama (they were engaged, never married and then split when the child was young) gave him an "agreement" re: visitation and dropped a bomb just this past weekend saying she was moving up north Several states and over 10 hours away. He did not sign the agreement and was speaking to an attorney to find out what to do. He was (according to him) civil and calm and told her his attorney would be contacting her. Today baby mama calls him from the road to say they are almost at their destination in the other state. He had NO CLUE they were leaving so soon and thought this was a matter to be discussed through the courts. "baby mama made it seem like these were distant plans she was thinking about...not something happening the following weekend. Now POOF just like that his child is gone.

they separated but he has taken her on weekends and taken her to school etc. He has been active in her life.

does he have a leg to stand on or is the power all in her hands?

Message edited 5/30/2013 10:01:13 AM.

people familiar with child custody laws please come in

I'm not a lawyer and I think any advice here should be taken very lightly unless it's from a lawyer but from knowing what a friend of mine went through, I don't believe she can just pick up and leave like that without both parents agreeing to it. My friend's baby's mama wanted to do the same thing but he had to agree to it. And he refused so she was forced to stay.

If he does not have set visitation and/or custody arrangements through the court, he absolutely should not hesitate in consulting with an attorney and then getting over to family court immediately and petitioning for custody and visitation. I think the longer he may wait, the more difficult it may be for her to return.

Good luck to your friend!

Re: people familiar with child custody laws please come in

thank you. he was already on his way to the police precinct to file a report when i spoke to him and had further plans in place as well. He's a blubbering mess over this. My heart breaks for him.

It really sucks when parents use their children as pawns to hurt each other.

Re: people familiar with child custody laws please come in

Not an attorney but my friend from the train's ex moved to VA. Rented a house, enrolled the kids in school, went down to visit her family down there & told him she was staying. They weren't separated or anything but that's how he learned she was leaving.

He went to his attorney, filed a police report, etc. She had to return the children & attend custody hearings in NY.

He does need to act quickly though.

Another friend's wife did the same thing (but moved to a different state).The friend was involved in some heavy drugs at the time so he didn't fight it. By the time he straightened up, they were official residents of FL because they had been there so long.

people familiar with child custody laws please come in

She cannot jsut take the chidl without the father agreeing to it. The friend should contact his attorney ASAP and yes they can make her come back with the child until an acceptabel arrangement can be made.

Re: people familiar with child custody laws please come in

Sent you Forum mail.