Bellevue, NE asked in Family Law and Child Custody for Nebraska

Q: Can the father of the baby, take the baby out of state right after birth?

being 8 weeks pregnant, the babies father moved out of state. He wants to take the baby after birth and keep him/her for a month and then switch back when he feels. Is he legally allowed to take a baby after being born if there has been nothing court ordered or court documented besides the baby being born? I don’t feel comfortable letting him take the baby out of state without me, especially since the baby will be less than a month old.. I just need to know how to go about, not letting him take the baby out of state without my permission or without court orders in play? also can i file for something that doesn’t allow him to take the baby until a certain age and can i file it before the baby is born?

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1 Lawyer Answer
Julie Fowler
Julie Fowler
  • Divorce Lawyer
  • Omaha, NE
  • Licensed in Nebraska

A: A father has parental rights in Nebraska when paternity is legally established. In Nebraska, paternity is established by being married to the mother when the child was conceived or born (legal presumption when married), by signing the birth certificate (technically the notarized acknowledgement both parents sign at the hospital to add his name to the birth certificate), or court order. If a father is a presumed biological father but has not had paternity legally established, it would likely be within the mother's rights to deny a request for the father to take the child out of state or have parenting time with the child. If a parent wants the other parent to be involved in the child's life but wants ground rules as to whether can travel out of state and to how much time the other parent gets, the normal procedure is to file a paternity and custody action after the child is born. The parent can ask for a custody, child support, and a set parenting schedule, among other things within this action. In general, the Court does allow a parent to travel out of state during the parenting time. That being said, for very young children, it is common for the Court to grant special restrictions on travel and time until the child gets a little older.

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