Wednesday, May 30, 2012

WHAT CAN I DO IF MY EX-BOYFRIEND WON’T ALLOW ME TO MOVE OUT OF STATE WITH OUR CHILD?

QUESTION: I am currently looking for work in California. I have support in the amount of 300 a month for our son. His father currently owes 600 in support. He withheld it because he was angry with me. I have been offered a place to stay with my sister & free daycare 3 days a week until I can get back on my feet. She lives in Colorado. My ex frequently takes our son to Mexico without my consent during his visitation. I\\'m tired of his games & want a better life for my son. Can he keep me in CA? There are no court orders.

MY RESPONSE: If there are no restraining orders restraining you from taking your son to Colorado, and you can't afford to stay in California (especially because dad withheld child support), there is nothing keeping you from making your move (or temporary move). Dad could bring a Paternity case against you in California within six months of your move, and if he does so, the case will take place in California. You would not be able to bring a Paternity case against Dad in Colorado until your son has lived in Colorado for six months. If you move to Colorado, you should let Dad know where the child lives and give Dad at least telephonic access to your/his son, if not allow Dad to visit with your/his son in Colorado, to avoid claims or criminal charges of parental kidnapping. However, by giving him that notice, you will be giving Dad the ability to serve you with a Paternity case filed in California.

No comments: