Will my baby need to leave the US?

[Ontarkie 14,234]

37 minutes ago, Boiler said:

MOST unlikely a US court would allow the child to leave their jurisdiction. Assuming the OP does not agree.

I have a few friends where a US court did, and to a country that does not reciprocate the US court order. If she wanted to be nasty she could have said too bad to him ever seeing their daughter again. But they are both great parents and she even has him come to her country on his time off and lets him stay with her so he can spend extra time with their daughter. So as much as it is unlikely it does happen more often then ppl think.

[Ontarkie 14,234]

~~Moved to Effects of Major Family Changes, from AOS Family K1/K3 - as similar threads are discussed here.~~

[Ontarkie 14,234]

I know another member mentioned it, but if you do not pull the AOS she can get a GC with your support.

 

Before doing anything think long and hard what is best for all 3 of you. 

[Boiler 45,558]

18 minutes ago, Ontarkie said:

I have a few friends where a US court did, and to a country that does not reciprocate the US court order. If she wanted to be nasty she could have said too bad to him ever seeing their daughter again. But they are both great parents and she even has him come to her country on his time off and lets him stay with her so he can spend extra time with their daughter. So as much as it is unlikely it does happen more often then ppl think.

I said mostly and the comment has been made about the need to have good legal advice, a dirty business.

[Ontarkie 14,234]

7 minutes ago, Boiler said:

I said mostly and the comment has been made about the need to have good legal advice, a dirty business.

Yes sorry, I was wanting to add on to your comment. Just because too many think it can never happen. Not meaning you. I've been cooking all day and tired not processing clearly. 

Edited August 30, 2020 by Ontarkie

[Paul Hanaki 72]

11 hours ago, JeanneAdil said:

You do not post your state and this is important

In most states it is illegal for either parent to even take a child out of the state without the consent of the other 

look up your state's laws (better yet consult a lawyer for this one)

 

Parental kidnapping or parental abduction is defined as the concealment, taking, or retention of a child by his parent in violation of the rights of the child's other parent or another family member. Violated rights may include, for example, custody and visitation rights.

This is only true if there a court order. 

[geowrian 22,337]

15 minutes ago, Paul Hanaki said:

This is only true if there a court order. 

An explicit order is not required by the court. Only legal custody (or even being in the process to obtain legal custody) is necessary. Taking a child outside the jurisdiction for which they are able to enforce any custodial rights is considered a violation of those rights.

For interstate issues, local laws apply. For international movement of children, various treaties apply (as well as state and federal laws, albeit probably much harder to enforce those).  The biggest one is probably the Hague Abduction Convention.

https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/abductions/legain-info-for-parents/why-the-hague-convention-matters.html

Edited August 30, 2020 by geowrian

[Paul Hanaki 72]

2 minutes ago, geowrian said:

An explicit order is not required by the court. Only legal custody (or even being in the process to obtain legal custody) is necessary. Taking a child outside the jurisdiction for which they are able to enforce any custodial rights is considered a violation of those rights.

For interstate issues, local laws apply. For international movement of children, various treaties apply (as well as state and federal laws, albeit probably much harder to enforce those).  The biggest one is probably the Hague Abduction Convention.

https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/abductions/legain-info-for-parents/why-the-hague-convention-matters.html

 

They are married so they both have legal custody. There is no law in America that you can't cross a state line without the consent of the another parent lacking a court order.

 

[geowrian 22,337]

6 minutes ago, Paul Hanaki said:

They are married so they both have legal custody. There is no law in America that you can't cross a state line without the consent of the another parent lacking a court order.

Right - they both have legal custody. Meaning any move must not violate either individual's custodial rights.

Such laws do exist in some states, at least in terms of relocating the child or taking them without the permission of the other parent.

 

See https://www.divorcenet.com/states/nationwide/custodial_parent_removing_child

and

https://www.courts.ca.gov/18234.htm?rdeLocaleAttr=en

Quote

Usually, you need the other parent’s permission to travel out of state with your children, especially if you want to leave the country, or if, because of your traveling with your children, the other parent will miss his or her court-ordered visitation. If you cannot find the other parent, you will need to go to court and ask the judge for permission to let you leave without the other parent’s permission. You will have to look for the other parent and tell the judge everything you tried to find him or her.

 

[Paul Hanaki 72]

2 minutes ago, geowrian said:

Right - they both have legal custody. Meaning any move must not violate either individual's custodial rights.

Such laws do exist in some states, at least in terms of relocating the child or taking them without the permission of the other parent.

 

See https://www.divorcenet.com/states/nationwide/custodial_parent_removing_child

and

https://www.courts.ca.gov/18234.htm?rdeLocaleAttr=en

 

Did you even read those? Each of the links you put there are talking about court orders. I specifically said you can cross state lines when you are lacking a court order. When a person has primary custody that means a court order is in place giving them primary custody.