Daughter and children need to move - not married to father

My daughter has been in a troubled relationship for the past 12 years, she has two children and wants to know what her rights are if she wants to move out of state, does she have to let the father know where she's going especially if she feels threatened by him? What rights does she have being as she is not married, I don't believe Minnesota has anything to do with common law marriages?

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Nana:
[b]My daughter has been in a troubled relationship for the past 12 years, she has two children and wants to know what her rights are if she wants to move out of state, does she have to let the father know where she's going especially if she feels threatened by him? What rights does she have being as she is not married, I don't believe Minnesota has anything to do with common law marriages? [/b]<HR></BLOCKQUOTE>


My response:

Minnesota is not a common law marriage State. Regardless, Minnesota has jurisdiction over the children and a custodial parent, like your daughter, must still follow Federal laws (anti-kidnapping laws), and give 30 days written Notice (keep a copy) with date of the move, the place of the move, with address and telephone numbers, to the noncustodial father(s) of her intent to move. This satisfies
the Federal law, and satisfies State law due process requirements, which allow the father(s) to file an objection to the move and/or have orders made concerning visitation rights. The father(s) may not win in court, but the father(s) are, nonetheless, entitled to their side of the story and to restrict your daughter's move on the ground that the same would interfere with visitation rights. If she moves without Notice, she can be brought back to Minnesota and arrested for kidnapping. She cannot move, and then give Notice. Remember, the noncustodial parent has rights, despite what your daughter thinks about the father(s).

It's uncomfortable and inconvenient to go through this, but your daughter had to know that when she had children, that she might be "joined at the hip" for life to someone else, whether or not she liked them, or loved them, later.

IAAL

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[This message has been edited by I AM ALWAYS LIABLE (edited July 18, 2000).]