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Taking Child out of State

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saar4321

Member
What is the name of your state (only U.S. law)? Pennsylvania....Nephew incarcerated. His wife taking 4 yr old son out of state (Georgia) to live. Can she do this without fathers permission??
 
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Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Pennsylvania....Nephew incarcerated. His wife taking 4 yr old son out of state (Georgia). Can she do this without fathers permission??
If she is mom, she can do so. Why do you think she would need a jailbird's permission to take her child out of state?
 

Zigner

Senior Member, Non-Attorney
If she is mom, she can do so. Why do you think she would need a jailbird's permission to take her child out of state?
To be fair, since they are married (and no court proceedings have been mentioned), then she has the right to take their mutual child anywhere she wants, just as he does. The incarceration doesn't affect that.
 

Silverplum

Senior Member
To be fair, since they are married (and no court proceedings have been mentioned), then she has the right to take their mutual child anywhere she wants, just as he does. The incarceration doesn't affect that.
True. And, also to be fair, there's no indication if it's a move or a vacation.
 

Ohiogal

Queen Bee
To be fair, since they are married (and no court proceedings have been mentioned), then she has the right to take their mutual child anywhere she wants, just as he does. The incarceration doesn't affect that.
Only if she is the mother of the child. If she is NOT the mother of the child and is only the stepmother, then no she doesn't. Just to be clear. And the incarceration affects him taking the child places (well at least, nephew taking the child places legally). :D
 

Zigner

Senior Member, Non-Attorney
Only if she is the mother of the child. If she is NOT the mother of the child and is only the stepmother, then no she doesn't.
Agreed, but I suspect the OP would have mentioned if she was the stepmother ;)

Just to be clear. And the incarceration affects him taking the child places (well at least, nephew taking the child places legally). :D
In the strictest sense, it doesn't. It affects the jailbird's ability to go places ;)

But, yes.
 

Ohiogal

Queen Bee
Agreed, but I suspect the OP would have mentioned if she was the stepmother ;)


In the strictest sense, it doesn't. It affects the jailbird's ability to go places ;)

But, yes.
Well he only said WIFE and not child's mother. Hence, wanted to clarify. And true, it affects the jailbird's ability -- but legally if the jailbird can't go anywhere, he legally can't take the child anywhere.
 

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