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Child Custody-Never Married

 
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Special-K



Joined: 15 Jan 2010
Posts: 1
State or Province: North Carolina

PostPosted: Fri Jan 15, 2010 10:59 pm    Post subject: Child Custody-Never Married Reply with quote

Hello all,

I had a beautiful daughter with a man I thought I loved about 3 years ago. We never got married but lived together in North Caroling. I decided about 8 months ago I didn't want to stay with him. I couldn't stay in NC because I couldn't find a job that would suffice so I decided to travel back to Washington to stay with my mother until I got a job. I had the father and his family take keep my daughter until I got settled in but now he says he wants to keep her (just to spite me for leaving him). He acted very helpful with everything until I actually left for Washington. I need to know what my rights are. I heard that since we were never married and nothing was ever filled out giving up my custody that I should be able to get full custody no problem but I don't know. I was hoping someone could give me some helpful advice?

Thanks,
Katie
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Still in Love



Joined: 05 Sep 2006
Posts: 216
State or Province: California

PostPosted: Thu Feb 04, 2010 7:58 pm    Post subject: Reply with quote

First off, just cause you were never married doesn't mean he doesn't have the same exact rights as you do... besides the fact that the childs state of residence is the state that she was born in... if you wanted to leave your state, and you left that father... he is assumed to have 50/50 rights with you...

Leaving the state without the child with you he can claim that you left her... unless you have something in writing saying he was only caring for her till you got settled it will be his word against yours and he has the child... and can claim you just left the two of them.

What you should have done was go to court and establish custody in North Carolina with a request to move out of state or... moved with written authorization from dad that was notorized by the father...

what he can do is file in court in north carolina for full custody and support... you will need to file there as well untill you are a resident of washington which takes you living there for 6 months before you can file... you will not be considered a resident of washington until you have lived in that state for 6 consectutive months.

Sorry, but moving out of state is a huge deal now... and it is illegal to take a child out of state without either the fathers consent... and it must be written or the courts consent.
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