Moving out of state

[behindamask]

My brother and his wife live in Louisiana and want to move to Virginia where work is better. His wife has two children from her teen age years. Only one child has the father listed on the birth certificate. Daddy to this child has had nothing to do with the child. Can she move to Virginia and then file for the custody papers or does she and my brother have to give up job offers and move after they get something done in Louisiana? She is scared to death of rumors that she would be charged for kidnaping and doesn't know what to do.

 

[Ambr]

you mention that the father is listed on one child's BC? then paterinty has been established for one child, what about the other? was custody ever established? any form of visitation, etc?

if custody has not been established, then she would be within her rights to move with the children without the permission of the father.

now, during all this - the father could file for custody at any time. she would have to return to LA for any hearings. she could not file in VA until she mets the residence requirements (in most states, 6 months - i believe VA is the same).

if the father has not petition for some type of custody then she can take the children anywhere that she wants.

if she honestly thinks that the dad will give her some problems in leaving, then she needs to get everything straightened out now. it would be cheaper in the long run. if the dad files, she will have to travel back and forth for hearings. and she also runs the possibility that she will have to move back. that could be expensive.

i think it would be in her best intersts to get everything straightened out before she leaves.