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Custody laws when you move to another state and want to move back if father and i are not working out?

Family Law Discussion Forum

Custody laws when you move to another state and want to move back if father and i are not working out?

Postby francisco » Fri Jun 22, 2012 10:20 am

ok so my question is kind of complicated, hopefully someone will be able to help me...i am going to the courthouse friday to ask questions too but want some answers now. i had a baby april 16th me and the father are not married but we are together (for the moment) . i live in virginia, all my family is here, his family is spread out across the country and USA. we have to move to alabama for a couple of years we are getting an apartment together because of some issues with his family and i kind of have no choice but to go with him because he is my boyfriend anddd baby's father and it would not be right if i did not go. my question is...what if we dont work out, can i bring the baby back to va without him trying to say that i am kidnapping my own child. everyone is telling me that since niether one of us have filed for custody of my baby that he is automatically the state of virginia's and people are also telling me that once i go to alabama he will automatically be the state of AL. so i dont want to go to jail for "kidnapping" my own child. if we do split up i am sooo terrified that he will try and get custody of him. but i dont want that i want my baby to stay with me if anything happens...his family has lots of money as i do not and they can probably afford alot better attorney than me. i am very fit to be a mother i just never graduated highschool but have my ged. i have had steady jobs and make enough money. so what exactly are the laws in al and va can i come back without a problem without getting in trouble ? will i be able to keep my child and have him live with me. i dont want to stay with the father just because im scared to loose my baby to him by the courts. please someone help me
francisco
 
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Custody laws when you move to another state and want to move back if father and i are not working out?

Postby smid » Fri Jun 22, 2012 10:26 am

There are often issues about custody when one parent wants to move out-of-state. If the two of you are living in Alabama with your child and you decide that you want to return to Virginia with the child, there may be problems. It wouldn't be considered to be kidnapping, but he might be able to get a court order that would prohibit you from moving to another state with the child. Therefore, I would suggest not moving to Alabama until the custody issues are resolved. You should probably discuss the possibility of moving with the attorney who represents you regarding the custody issue.
smid
 
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