Q: I moved to puerto rico with my 2year old child and want to move out but her dad says he can get me arrested?
He threatened me that he would call the police and get me arrested for kidnapping, he doesn't want the baby to leave. What is the law on this? Could I get in trouble? What can I do to prevent this issue? We are not married and I've been the one with her always. No custody by court, but I am the Mother.
A: Hello and thank you for using Justia. You have physical custody and as such can leave. However he does have parental rights and as such can file in court for visitation rights. The child also has rights to receive financial support from biological father. The best way to handle this situatión is to file a petition in court requesting child support and authorization for relocation.
If you need additional information please feel free to contact me directly. Happy Holidays.
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