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Leaving the state with baby

Frustrated future SM's picture
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I dont know if this is something I'd actually do but it's definitely something I've thought about.

I'm unmarried and am the custodial parent of a baby girl. Now I'm still in a relationship with her father, but we have gotten into some serious arguments that have made me want to walk away for good. One reason I haven't yet is because then I'd have to leave her alone with him and his kids sometimes and there's no thought I hate more. 

I've thought about leaving the state and just disappearing with my daughter. If I were to do that what legal actions could my BF take, despite us not being married?

Wrong Way Diva's picture

Have you established paternity, either by DNA test or Affidavit of Parentage?   Are there any court orders in place regarding visitation?   If not, you are free to go where you please.   He could file a motion for visitation and or custody it's quite likely he WILL get visitation and you would be responsible for traveling costs for the child to visit Dad.   

justmakingthebest's picture

Wish that part was true and my DH wouldn't be responsible for the $2500-ish we spend yearly on flights. 

While you may be able to go where you please and since your baby is young, it is doubtful the judge would award him custody right now. That could always change. After the baby is 1, there is a chance you will wind up with 50/50 even between states until school age. Then you could lose primary custody. I have seen it happen. Staying local is a better option than trying to disapear. 

Frustrated future SM's picture

We never did a paternity test and he did sign the birth certificate. She also has his last name. There's currently no court order. Ugh! So even if I left she'd still be forced to be around his kids and his bad influence. And I'd be paying for flights.

lieutenant_dad's picture

If he signed the BC, then he is legally her father. And since he is on the BC, without a CO stating otherwise, he has equal parental rights to you.

The time to decide the quality of the other half of your child's parentage is BEFORE you conceive. Once the child is born, whether you like it or want it, that other person is the parent.

justmakingthebest's picture

If you leave the state without his consent he can have the baby to be ordered back to him. You will lose custody if you do that.

You need to come up with a parenting plan before you leave. Your daughter deserves to know her father and have him be in her life. Unless he is abusive to HER and you can prove it, he will be awarded parenting time and most likely joint custody.

ESMOD's picture

I am thinking that would probably be a poor choice.. personally and legally.  I am assuming that you do have a custody agreement of some type?  You may be a custodial parent, but often the other parent still has "joint" custody and any attempt by you to block his right to see his child might be very negatively viewed by the courts. .. I'm not sure , but kidnapping might actually be a possible charge.

 

I know it sucks to be forever linked to someone who is toxic.. but you did have a child with this person, so at one point, you thought that they were a good person.  You can't really keep him from having access barring real worry of abuse.  If that's the case, you will have to work through the court system to restrict those rights.

Frustrated future SM's picture

No, no custody agreement right now because we are in a relationship, but getting one has been mentioned during some heated arguments.

He is a good person and has some not so great moments but overall I've come to realize that he's not as great of a dad as I once thought he was and it took me having my own child to realize that. I love my daughter with all my heart but she surprised us after I had decided to leave him for good.

susanm's picture

Practically speaking, I suppose it would depend on whether you could actually disappear or not.  This is not 1970.  Actually disappearing is possible but far harder than it used to be!  If you are found, he would have the right to file a petition to have the child brought back to the state.  Most states would not have a statute of limitations on the amount of time if he could show a deliberate attempt to conceal the location of the child.

lieutenant_dad's picture

Parental alienation is not okay. What you want to do is morally reprehensible and may bite you in the rear legally.

Legally speaking, he has the same rights as you until a court says otherwise. Therefore, if you take your baby and run, without a court order saying he can't do that, he could find you and do the same. Additionally, while some places may only give him visitation, there are judges who are not keen at all on parents kidnapping their kids and alienating them from their parent. You could end up losing all custody and having only supervised visitation, ESPECIALLY if you run and try to hide.

Morally speaking, why would you do that to your daughter? And what will you tell her? Will you lie and tell her that her dad abandoned her, making her feel like it's all her fault and then hating a man who didn't abandon her? Or will you tell her that you ran with her, making her potentially hate you? Either way, kids alienated from their parents don't grow up normal. They have real mental health issues. Do you really want to damage your own child because you made a mistake in getting pregnant by someone you don't agree with parenting style on?

Come up with a custody schedule that works for you both. Don't take away his right to be a father and your daughter's right to have a father in her life. A good mother fosters a relationship between child and father. A bad mother runs away and alienates a child because it suits them.

Frustrated future SM's picture

Thank you for your input. What you've said definitely makes me realize I need to put this fantasy completely of my head. I know what the right thing to do is, I just have these thoughts enter my mind sometimes.

Thumper's picture

A good mother fosters a relationship between child and father. A bad mother runs away and alienates a child because it suits them.

^^^^^^

And remember those dads are toxic, bad men. hahahahahahahahha

I suspect your ex is not. Your just done with him except you still want him to pay for his kid, right?

Good Luck,

I am out before i am kicked off this site.

 

 

Frustrated future SM's picture

I actually have more money to my name than he does so I never needed him. So far, I've paid for everything she's needed since she's been born. So don't assume every female is after a guy for his money because my parents raised me to be independent and independent is what I've been most of my life. 

Rags's picture

In our experience courts tend to strongly favor single moms. My DW was awarded sole physical and legal custody of SS as a single teen mom.  

She accepted a scholarship at an out of state college with an accelerated degree program.

The SpermClan did eventually file for custody at one point but lost.  At that point visitation was  established with each party responsible for half of visitation travel costs.  SS was 2yo at that point.

States vary on this so do your research and get an attorney who can advise you.

tog redux's picture

Another woman who thinks a child is her property and she can push the father out. Lovely. 

I hope he takes you to court and gets full custody. I suspect you are the toxic one, not him. Maybe your child will be spared being raised by a selfish mother and alienated from his/ her father. 

Frustrated future SM's picture

I do t want to push him out but what I've seen from him lately has made me wish I kept my baby a secret and raised her as a single mom, which is basically what I am anyway. He does the bare minimum while I buy everything she needs and take care of her 24/7.

Takes me to court for what? I know he wouldn't get full custody. Doesn't even have full custody of the other 2 kids and even if he did he works so much he wouldn't even see them. Anyway, I'm not toxic at all, I just want to protect my baby and not have her be influenced by negative people.

lieutenant_dad's picture

All because he doesn't have full custody of the other two doesn't mean he wouldn't get full or 50/50 of your daughter. There have been SEVERAL people on this board whose SOs were in that boat - sometimes to the point of having full custody of one and being nearly alienated from the other.

Wanting to protect kids from those in your life that you consider toxic is what a parent should do. But nothing has indicated that Dad is toxic, and even if he was, he has the right to be toxic up to a point with his own child. Because he is the father. You both get equal say in how well or poorly your daughter is raised.

Being Mom doesn't automatically make you the star parent who gets to make all the decisions. That's not a right you have unless a court tells you it is. Right now, no court has told you that you can make sole decisions about your daughter. Whether or not your BF has decided to fully step up to the parenting plate yet isn't the point. The point is that he CAN and you can't stop him.

tog redux's picture

You don’t own the child and you don’t get to cut out her father just because he’s inconvenient to you now. As Lt dad said, that’s alienation and it’s damaging to your child. 

The complete lack of empathy you have for your child and her father is disturbing. It’s all about what you want and what’s best for you. 

STaround's picture

Is morally wrong and may come back to bite you.  Get a custody order in place, ask for as much time as you can get. You not being married does not take his rights

Aniki-Moderator's picture

DO NOT leave the state and abscond with that man's child..

I'm going to be blunt. If you didn't want to leave your child alone with baby daddy and his kids, why did you have a baby??? Do NOT STEAL this man's child from him. You would be incredibly foolish to do this. Have you considered the legal repercussions that could occur? You could LOSE CUSTODY of your child.

And it sounds like you are already on your way out of this relationship. Do the right thing: end it and establish a CO.

Frustrated future SM's picture

Our baby was a complete surprise. It took months before I even knew I was pregnant. And during those months when I was unaware she was growing inside me we weren't together. I never planned on going back to him, so right now although it's not right, we are using her as a reason to stay together. 

I've literally gotten to the point where I'm picking fights when him over dumb things to see if he'll end the relationship because everytime I try he guilts me into staying.

tog redux's picture

Too bad. You had sex with him, got pregnant and now he is the father of your child.  You don’t get to just take her and go because you don’t like him anymore. She’s not a piece of furniture that you own. 

Frustrated future SM's picture

As I've clearly already said this is a thought I've had but don't intend to act on it. So no one is treating her like anything. Take your inane, useless comments somewhere else please.

beebeel's picture

Omg. Woman UP! You didnt know how babies were made? Her manner of conception is irrelevant. She is no longer a part of you, but a whole person of her own. Stop playing high school mind games. If you want out, GTFO. 

If you wanted a better father for your child, you should have figured out birth control and waited until you found a good parent. You didn't and there are no "take backs" on paternity. Own your own choices and stop thinking about adding shitty choices on top of shitty choices.

Frustrated future SM's picture

FYI, I was on birth control. Silly me for taking my birth control and still getting pregnant! And I did see him as a great guy beforehand but babies do make you see and notice things you were blind to beforehand. If you don't have a child then you have no idea what I'm talking about.

What does her being her own person have to do with anything? Obviously I know this but I'm her mother and mommy has womaned up because mommy's been the only one putting in work when it comes to taking care of baby girl!

beebeel's picture

SMH.

Aniki-Moderator's picture

Every time you have vaginal intercouse with someone, you take the risk of getting pregnant. Every.Single.Time.

And he is not guilting you into staying,. That's all on you. YOU are the one who feels guilty and stays. If you weren't considering running off with his child, there would be no guilt. It doesn't matter if he's the "fun uncle" to his kids. They are his kids and SO IS THAT BABY. Just because you don't like the way he parents doesn't mean you have the right to STEAL his child.

It's a jerk move to pick fights to try and make HIM end the relationship so HE will be the bad guy. You want out? Be an adult, end the relationship, and GET OUT.

Frustrated future SM's picture

I understand how sex works. But I was on birth control so of course I didn't expect this to happen, which is why months passed before I found out I was pregnant.

As Ive already stated I'm not plotting or scheming and making plans at the moment to run off, but I'm not going to pretend like I dont have these thoughts from time to time.

My guilt stems from knowing her life would be better if she's raised in a two parent household. And the fact that I'd be putting him in the same position with this child that he's already in with his other 2 kids, which is why I stay. Then I feel guilty because I know our relationship needs so much work and having a baby in the mix just makes things more difficult, since we don't have time to go on dates or do things alone.

Aniki-Moderator's picture

Then you should also understand that BCPs are not 100% effective, so there is still a possibility you will get pregnant. 

MidwestMrs's picture

Obliviously you DONT know how sex works if you think tossing a pill down your throat works all the friggin time. There's plenty of alternate ways to have sex that dont end up with an Oops baby. 

shamds's picture

couples argue when there are serious issues affecting the harmony of the household and full integration of family members with mutual respect of other family members.

you don’t create useless unnecessary petty fights/arguments just to see if he ends it and asks for a divorce or separation so you seem more innocent when it comes to a custody order

TwoOfUs's picture

Good gracious. 

Unless there's abuse...I'm not sure why you'd want to deny your child the opportunity to have a relationship with her/his father...just because it's easier and more free for you? 

That's so wrong. Your BF is an equal parent and your child deserves to have that relationship.

Frustrated future SM's picture

The way he acts with his kids is nothing like how a parent should be. He's more like a fun uncle to his kids and he wants to be that to our child too, so honestly I wouldn't feel like I'm denying her much, especially if she will still have positive male role model from my dad, my uncle's, my brothers, or cousins.

Winterglow's picture

Yoiu are only thinking of yourself and what you feel here. You are completely ignoring the fact that he is her parent and he has exactly the same rights to his daughter as you do. As long as he is not physically abusing her there is no reason he cannot spend his time with her as he sees fit. 

And uncles, grandfathers, brothers and cousins are NOT the same as a dad ...

tog redux's picture

Seriously?? It’s her father. Do research on how people feel when they are abandoned by their fathers. Your attitude towards this is sickening. I bet you would take his child support, though. 

Frustrated future SM's picture

No, I wouldn't need his child support. I'd feel bad taking that from him honestly. He barely has money to pay his bills and has no savings, while I'm sitting on enough money in my savings account to last me a long time.

shamds's picture

5-6 yrs ago. She ran off with their daughters then aged 17 & 9. She told these kids their dad had converted out of their religion and became a christian so it was her duty to protect them. Over a yr after the kidnapping and ceasing all contact and cancelling phone numbers etc, she found out hubby had a Caucasian girlfriend (Me), she reiterated to the daughters “see i did the right thing i had to protect you”. 

Now she was far from the truth, her narcissistic selfishness did whatever she could to keep those girls because she has always seen them as property and the best way to hurt hubby. 

The girls found out inconsistencies in her bullshit but they’ve been brainwashed and tortured their whole life and don’t see it... they confronted their mum about the rubbish stories of me and their dad, she claimed she was a born again religious person... 

the result now are 2 daughters that use the same guilt tactics and narcissistic traits as their mum on their dad. They have no respect for him whatsoever including ss20 who lives with us (he is traumatised from his mum neglecting and abandoning him) that he is incapable of talking about his feelings but uses this guilt to blame everyone for why he is what he is and how he treats others disrespectfully is is not pleasant to be around.

the skids have tried guilting hubby for marrying me and having 2 kids (that i have raised far from the dysfunction) and hubby has seen the major difference 

my husband had been cheated by women with same exwife mentality that it traumatised him from wanting to ever get in another relationship or marry again.... he didn’t want to be hurt that way ever again.

you are coming here asking for advice on kidnapping your child?? Do you even know what lies ahead for you and her? How can you respect someone willing to do that and when they apologise it means bugger all. You can’t give back the time you selfishly took away from a father that has equal rights to your kids

me and my hubby have heeps of issues, we had always planned sending our kids to school in my country as higher level of education, he is fine with that but i have sped the time a little to move back home because of all the skid drama and issues and disrespect and disharmony. But hubby knows where i live, i have never even suggested cutting off contact

when i was at the point of divorce being the only option, i told him so he could understand the severity of this situation and that “ss need more time to change and be a decent human” despite having the 4+ years we’ve been married is ridiculous. Hubby knew i had every right to leave with our kids years ago because its not a healthy environment and he’d been in the middle and not had my back.

if you want a divorce, you have to accept the split custody unless hubby agrees to something else. But don’t ever come here suggesting to kidnap your kids and play the innocent party, there are plenty of ways to handle a dysfunctional marriage/relationship.... kidnapping your kids aint one of them

Frustrated future SM's picture

I guess I never thought of it as kidnapping but your story does remind me of the DC sniper who did the same thing with his kids. I've read some articles though that make it clear that it's not kidnapping if I'm the custodial parent, but he could still come for me for custody.

I wasn't asking for advice on how to do it. I was asking what the repercussions of me doing it would be. You should've read the question better.

tog redux's picture

Yes, it’s kidnapping. You have no CO so you are not the custodial parent. He could take her and leave too. 

Frustrated future SM's picture

I am the custodial parent!!! She lives with meee!!! I take care of all her needs!!! I take her to doctor's appointments (dad has yet to come to one), I buy her clothes, medicine, toys, everything!!! I feed, bathe and clothe her daily!!!

lieutenant_dad's picture

That doesn't make you the custodial parent. That just makes you "parent".

Custodial parent is a term bestowed upon someone by the courts to reflect the caregiver who provides the legal address for the child. Even in 50/50 scenarios, there is a CP.

No court order = no CP.

tog redux's picture

Correct. He could take her and leave just as you are considering, and you’d have to petition the court. Mothers don’t own children. 

WarMachine13's picture

Oh she lives with yooooouuuuu!!!!! You do everything!!!!!!!

BFD. Tell a deployed member of the military they're less of a parent. 

Hope you don't have that baby pic plastered all over the place. People can find that pic, find you and let your bf know you wanna kidnap his kid.

shamds's picture

You wanted to disappear with your child to avoid the issues, thats kidnapping because the father has not given you permission to disappear with his child and cut off contact. There is no court order saying you are the sole custodial parent. I’m not gonna sugarcoat it for you one bit...

you seem to be having issues addressing the different behaviours at home but what are you doing to proactively address it?

when you are voicing your concerns to your partner, you need to let him know what the issues are, how it makes you feel and the future of your child and your partner brought you into this mess which isn’t fair and he is selfishly not doing anything proactively to address it. Ask him does he think its fair he isn’t paying for basic babe necessities and if he has no job or no money, then ask what is he doing to address it?

if he tells you he just wants to be on welfare and not get a job and you know he is contributing jack-shit, go to court and demand child support and split up and sort out a custody order

still learning's picture

OP, it sounds like you need space from SO and skids.  Can you go and stay with your parents for a week or take a vacation somewhere just you and baby? The two of you weren't together and now you are again because of the baby. You mentioned that he didn't take a paternity test. Is there even a slight possibility that he may not be the father?  If so, that could be your out.  

I get your fantasy, if I could build a time machine and do things differently I would probably go with artifical inseminiation and not bother with having a man around at all. Do things right, for now you could just live separate and focus on your daughter. No need to do anything rash, take your time with this but do what is right for you, baby, and your sanity.  

I'm guessing your profile pic is of your baby. She's gorgeous! And those cheeks...

lieutenant_dad's picture

He signed the birth certificate. Biological father or not, he is the legal father with the same legal rights and responsibilities as a biological father.

still learning's picture

I wonder if they both signed an Acknowledgment of paternity since they weren't married.  My unmarried nephew had to do this with his gf. Yes he has the same rights etc but he may let OP go without a fight if dd was not biologically his.  

Frustrated future SM's picture

I do need space. Ive thought about spending time away alone with the baby but I do feel guilty keeping her from him, which is how I know I'd never actually move away with her. No, he's definitely the father. Hes the only guy I've ever been intimate with.

Yep that's her! Thank you! And I'm obsessed with her cheeks!

ndc's picture

I would be more inclined to leave him, stay local near your family/friends/support network, and hope that he doesn't want more than minimal custody. If the only reason you went back to him is because of the child and you're arguing and unhappy, I wouldn't stay.  

Rags's picture

If you were awarded sole physical and legal custody you can move where you wish when you wish.  If BioDad has COd visitation you must comply with that order.

Most jurisdictions have local and long distance visitation guidelines.  If you move out the local visitation radius you should initiate a change of visitation to the long distance model.

If you take the kid and deny visitation.... that would be illegal.

All IMHO of course.