Ex leaving state with child soon

[CMSC]

What is the name of your state (only U.S. law)? Nebraska


My boyfriend and his ex were never married and have 1 child together. She has since found a new boyfriend and decided she wants to move in with him to Colorado, taking my boyfriends son with her. He is in the process of getting legal council for joint custody, she found this out and has moved her moving date to TOMORROW instead of waiting until school is out.

There was a protection order issued back in October between my boyfriend and her. She went to the clerks office and asked that his son be added to the order because "people" told her he drove by her other child's school (we live in a VERY small town and he is a delivery route driver and had to deliver to the school). Anyway, the clerk wrote in his son on the existing order. My boyfriend knows that she did this because she wants to move and she thinks this can stop the visitation procedeings.

His question is, can she move out of state with his son? She was never granted temporary custody or anything else. He is trying to get an attorney but it's a small town and the 3 custody attorneys we have are very busy. Is there anything he can do to prevent the move?

Thanks!

 

[LdiJ]

What is the name of your state (only U.S. law)? Nebraska


My boyfriend and his ex were never married and have 1 child together. She has since found a new boyfriend and decided she wants to move in with him to Colorado, taking my boyfriends son with her. He is in the process of getting legal council for joint custody, she found this out and has moved her moving date to TOMORROW instead of waiting until school is out.

There was a protection order issued back in October between my boyfriend and her. She went to the clerks office and asked that his son be added to the order because "people" told her he drove by her other child's school (we live in a VERY small town and he is a delivery route driver and had to deliver to the school). Anyway, the clerk wrote in his son on the existing order. My boyfriend knows that she did this because she wants to move and she thinks this can stop the visitation procedeings.

His question is, can she move out of state with his son? She was never granted temporary custody or anything else. He is trying to get an attorney but it's a small town and the 3 custody attorneys we have are very busy. Is there anything he can do to prevent the move?

Thanks!

Yes, she can legally move with the child, because as an unwed mother she has default custody.

However, if your boyfriend gets things in court as quickly as possible, he may be able to get the judge to force her to return with the child to Nebraska.

 

[CMSC]

I meant to add the son wasn't added to the protection order until January of this year.


I'm also curious as to what part of Nebraska law states she has default custody? This has always boggled my mind, as the court clerks keep saying nobody has custody of him until the judge orders it.

 

[BL]

I meant to add the son wasn't added to the protection order until January of this year.


I'm also curious as to what part of Nebraska law states she has default custody? This has always boggled my mind, as the court clerks keep saying nobody has custody of him until the judge orders it.

Obviously by DNA the mother would be a Parent = Custody .

Until the boyfriend is presumed the father , he is not legally a parent .

I can't see how a court clerk can add another person to a P/O without a Judge signing off on it .

 

[LdiJ]

I meant to add the son wasn't added to the protection order until January of this year.


I'm also curious as to what part of Nebraska law states she has default custody? This has always boggled my mind, as the court clerks keep saying nobody has custody of him until the judge orders it.

No one gives married parents custody of their children do they? No, its automatic. Its a constitutional right.

In an unwed situation the child is born with one parent who has custody automatically, and the other has to establish custody. I do not know whether or not Nebraska law specifically addresses the issue, but an unwed mother DOES have custody of her child. If no one had custody, then the child would be in legal limbo.

No one has court ordered custody, but that does not mean that the mother does not have custody of the child.

 

[CMSC]

He is confused as to how his son was added to the order without the judge signing off as well. I've looked at the document again and the front page is dated January '09 and signed by the judge in January 6th and his sons name is written in at the top. Then there is a back page where his ex wrote a noted asking her son be added. That is dated February 19th and signed by a notary and the county clerk.

Paternity has been established and he is on the birth certificate and pay's child support. He just doesn't want his son to leave the state because he knows she won't bring him back, court order or not.