What are a mother’s rights to leave the state with her child without the father’s consent?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are a mother’s rights to leave the state with her child without the father’s consent?

I am a mother of a 2.5 year old son and I’m currently living in NY. I’ve been here a year; I’m originally from AZ. I’m living with my son’s dad, who stays home with him since he doesn’t work; I support them. I want to take my son for a visit back home to see my parents but my son’s dad won’t let me. He says he doesn’t trust me to take him back to AZ ever. I need to know my rights as a mother; I don’t want to be controlled by a man that I’m not married to.

Asked on August 8, 2011 New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your situation.  I think that you should seek help from an attorney in your area to discuss what your rights are here.  You have not given any information as to any of the legalities that effect your son and would influence guidance here, such as is there a custody and visitation order in place?  Who is the legal guardian of the child (you are both natural guardian's of the child)?  What he is afraid of is that you will never come back and he has a right to make sure that the child is close by to him regardless of your situation.  And if there is an agreement or order in place then you would be kidnapping if you did that.  But you can not be restricted from seeing family so it is time to establish things legally.  Seek help.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption