Highly unlikely the judge would let him take the kid out of state without domicile parent consenting to it, and that doesnt even take into account his criminal record. He may not even be able to get unsupervised visitation depending on how the judge views his record.

In LA, if there's joint custody the domicile parent can't move out of state or a certain distance (I think its 150 miles) without the other parent consenting to it. Went through it years ago when the ex wanted to move 3 hours away to MS and I objected. But definitely get a lawyer and be careful about what you say online so that he can't use it against you if he ever found your online posts

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Posted by lsufan31

Member since Mar 2013

2177 posts

Posted on 7/24/17 at 9:45 am to Tiger Prawn

Thank you.

We just finished meeting with the attorney. Establishing custody doesn't seem like that big of a deal now, especially knowing he cant leave NC without permission from the probation office. Shouldn't take more than 30 days and a hearing in front of a judge.

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Posted by Tiger Prawn

Member since Dec 2016

21893 posts

Posted on 7/24/17 at 9:53 am to lsufan31

Well considering that mom has been raising the kid all along with little/no involvement from dad, I think the outcome would be favorable to mom (provided she doesn't have any issues with drugs or criminal records that he could use against her). Judge will probably award some type of limited visitation to dad but shouldnt have to worry about mom losing custody

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Posted by lsufan31

Member since Mar 2013

2177 posts

Posted on 7/24/17 at 10:04 am to Tiger Prawn

This is just about the same thing we have been told. Dead beat dad would have to actually hire an attorney in MS to establish any visitation or custody.

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Posted by mikelbr

Baton Rouge

Member since Apr 2008

47482 posts

Posted on 7/24/17 at 10:16 am to lsufan31

quote:

Biological dad is on probation in NC for "crimes against nature", and assault of a female. Crimes against nature in NC is a felony, and can be anything from sex with an under-aged person, forcible sodomy, sex with penetration in a public place, or sex with an animal.

My question is, how likely is it that a judge would give him visitation, custody, or let him take the child to NC?

quote:
The situation is that the biological dad (who has never seen the kid) wants to come here from NC and take him. There has never been a custody order (of any kind). He has never established visitation rights or anything.

My non-laywer but twice-experienced divorced dad with one in Mississippi(with kids) says you're going to be fine. These two things are big when a judge decides custody and one parent is relocating the child.

Environment - is the kid currently exposed to abuse, drug use, criminal activity in the house.

Support system - are relatives involved in care for the child and social interaction(getting the kid to daycare, school, dance/soccer, etc.)?

At BEST, bio-dad will get joint custody. Likely he gets visitation. Unlikely he takes child away.