What can I do if my girlfriend took our kids out of state without my permission?

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What can I do if my girlfriend took our kids out of state without my permission?

She told me her uncle was on his way to get her and the kids 2 hours before they were here. She is disabled and can not take care of the babies alone. They are 1 and 2.

Asked on November 20, 2012 under Family Law, Arkansas

Answers:

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

Answered 8 years ago | Contributor

I can tell that you are very upset about the matter but we need to take a step back for a second to look at the situation.  First, if you are not married and there has been no order of custody and visitation (which would include a determination of parentage) then she is the only legal guardian of the children.  That would allow her to come and go as she pleases.  Now, even if you do have an order of parentage and custody and visitation rights, generally speaking she can leave the state as long as she intends to return.  If you fear for the safety of the children then that is another story and you should speak with an attorney about the matter as soon as you can.  


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