Biological parent and moving out of state

[badbeagle1066]

Mississippi
My friend married a woman with a 4 month old child.
The biological father fled the state when he found out she was pregnant, and had no further contact.
My friend has raised this child (now 6 years old) and they have another daughter together who is nearly 3.
They ahve been separated for over a year and no divorce papers or custody arrangements have been made. He sees both children weekly.
The State has tracked down the biological father in California to chase child support (he has since become extremely wealthy)
The ex-wife informed my friend on Thanksgiving that he wants her and the children to move to California with him (I assume because that will cost him less than the 14% support)
Is she able to take both children out of state?
Does he have any rights over the older child he has raised for the last 6 years?
She is talking about leaving within the next few days, so will he be able to do anything to have them returned?
Thanks for your help guys.

 

[Banned_Princess]

I'll venture step parent has no rights over what mom does with her own kid.


If your friend has a different child with her, and they were married, then he needs to run and get a court order that she not take his kid.
If not married, he needs to run and get official status as dad, and get some rights.

Thats it.

 

[Isis1]

Mississippi
My friend married a woman with a 4 month old child.

we will refer to your friend as Dad #2

The biological father fled the state when he found out she was pregnant, and had no further contact.

we will refer to this dad, as Dad #1

My friend has raised this child (now 6 years old) and they have another daughter together who is nearly 3.

okay.

They ahve been separated for over a year and no divorce papers or custody arrangements have been made. He sees both children weekly.

okay. they both have joint custody of child #2 by default. mom has sole custody of child #1 by default.

The State has tracked down the biological father in California to chase child support (he has since become extremely wealthy)

glad Dad #1 was found.

The ex-wife informed my friend on Thanksgiving that he wants her and the children to move to California with him (I assume because that will cost him less than the 14% support)

you mean the soon to be ex-wife? who's he? Dad #1 or Dad #2?

Is she able to take both children out of state?

yes, unless a court order says otherwise.

Does he have any rights over the older child he has raised for the last 6 years?

nope. i assume you are referring to Dad #2 to child #1?

She is talking about leaving within the next few days, so will he be able to do anything to have them returned?

will dad #2 be able to stop mom from moving? probably not. but dad #2 can file for divorce, request temp orders for the child to remain in the state until pending further orders.

Thanks for your help guys.

you are welcome.

 

[ecmst12]

Stepdad had 6 years to try to adopt the stepkid. Since he didn't, he now has no rights.