My sister recently split up with her sons father, they weren't married, but have been splitting custody out of the courts. Now the father is threatening to take the child out of state, what actions should my sister take to protect her parental rights? And is the father legally allowed to take the child without the mothers consent?
1 Answer from Attorneys
Sounds like she needs an attorney. She needs to file a court case and get an order which, among other things, prevents him from taking the child out of state. In addition, since there is no court order, she might consider in the interim not allowing him to see the child until she can get an order in place. And yes, he can take the child if there is no court order; though any court jurisdiction would be in WA if the case was filed before the child had been out of the state 6 months.