Can I leave the state with my 2 children who have been in Mississippi for one year to return to Delaware?

Dalton Clinton Middleton 5 stars 3 reviews Rating: 6.7 Bankruptcy Attorney in Tupelo, MS Reveal number tel: (662) 205-0941 Private message Call Message Profile Posted on Oct 8, 2019 “[I]n custody [matters] involving an illegitimate child, when the father acknowledges the child as his own, the father is deemed on equal footing with the mother as to parental and custodial rights to the child. Id. (citing Smith v. Watson, 425 So.2d 1030, 1033 (Miss. 1983)).” Romans v. Fulgham, 939 So. 2d 849, 856 (Miss. App. 2006). Based on your plan, what is to keep the mother from snatching the children from you? She has equal rights to the children. Also, I believe your plan is emotionally damaging to the minor children. The best course of action is to file for custody of the minor children in their home state. Your statements indicate the home state is in Mississippi. Once you file, it is not likely that you will face a kidnapping charge because the matter is before a Court, and your attorney can assist you if necessary. The police do not have time to deal with domestic matters that are already pending in a court. After you receive a temporary order, the Court will not tolerate someone snatching the children from you. Hire a family law attorney that has time to get the matter before the Court quickly where you can get on with your life and focus on the needs of your children. More 1 found this answer helpful helpful votes | 0 lawyers agree Undo Vote Helpful Undo Unhelpful Undo 0 comments