Do I have rights to take my daughter and move out of state? Her father and I were never married and he walked out on her when she was 3 and a half months. She is now 6 months and he still has not called to see how she is doing or to see if he can see her. He pays some money to me every 2 weeks, but that is all he does. I would lile to start over with my life, and want to move where I have some family. We have never been to court, so I wanted to know if I have the right to move with her.
2006-06-26 07:36:41 · 10 answers · asked by Kristti T 1 in Politics & Government ➔ Law & Ethics
Did he sign the birth certificate? If not, he's not even the legal father and has no say over anything to do with her at this point. If he were to take a DNA test, then he can have visitation rights.
If he did sign the birth certificate, he is the legal father. However, since there is no court order giving you or him any custody or visitation, you can move. You are considered the legal custodian of the child absent any court orders saying differently.
My advice if you want to move is to do it now. Once you've been in your new state 6 months, then that state is considered the legal residence of your child and all legal stuff has to be done there. Until she has been in that other state 6 months, your current state is where legal procedure has to take place.
2006-06-26 07:51:53 · answer #1 · answered by Mama Pastafarian 7 · 1⤊ 0⤋
You probably have the right to do so. It doesn't sound like there is a custody agreement (if there is, then the information should be in there). Check with your state attorney's office and ask your question. You may want to call a lawyer on your own to have the father sign something (not sure what, just something!).
Since you haven't been to court though, it sounds like there isn't even a formal child support payment in place. If that is the case, then you are well within your rights to move. Just be sure to notify the father so he knows where to send those checks!
2006-06-26 15:17:35 · answer #2 · answered by Goose&Tonic 6 · 0⤊ 0⤋
Girl listen to me...you have a sorry Baby Daddy like most women. Your baby's daddy is what they call a Punitive Father which in the courts mean he is the father b/c you said so. If you guys were not married and/or he has not legitimated the child then he has no LEGAL RIGHTS to the child which means you can go where you want with the child. Don't worry, even if he signed the birth certificate, the same rules as stated above apply....GO ON WITH YOUR LIFE and take care of your precious miracle.
2006-06-26 15:04:03 · answer #3 · answered by Boggie 1 · 0⤊ 0⤋
In most states you have the right to relocate with your child however, since you do not legally have sole custody of your daughter, the father will have to have your new address and contact number. He can not legally be denied his right to his daughter. This does not not mean he can pop up at your home whenever he pleases, and if he wants to see her, he can go to court and request mediation for the two of you. The father has to pay child support for the child no matter where the child is located. Make sure you check out the advise you receive.
2006-06-26 14:47:14 · answer #4 · answered by tdoll7777 1 · 0⤊ 0⤋
Given what you've said, it appears you do, but he does have the right to challenge custody. The best thing to do would be to explain the situation to him, then both of you go to a lawyer together, the same lawyer, and have him write up a contract and both of you sign it that says specifically that he gives up his right to challenge custody, and that you can move out of state. If he isn't willing to do this, you may want to contact a lawyer to discuss your options (it depends on where you live, and there's a lot more to the story, so I can't say much more than that).
2006-06-26 14:42:19 · answer #5 · answered by rliedtky 2 · 0⤊ 0⤋
I assume you do, but you may want to check with a fmily lawyer in your state.
I think in the courts, it will be a question of whether he is the LEGAL father, not the BIOLOGICAL father. If he has established parental rights/ responsibilities - you may need a legal proceeding to separate the child from him.
If he has not established parental rights/responsibilities or has relinquished them, then you are free to go.
Check with an attorney who practicews i your state, because I think it will center on legal definitions of the realities in your case.
2006-06-26 14:47:50 · answer #6 · answered by me 7 · 0⤊ 0⤋
Yes, you could move but he could stop making child support payments as he has no legal obligation to pay child support.
He could go to court to stop you and probably win
Neither one of you have legal obligations, but of course both of you have social/moral obligations to the child
2006-06-26 14:43:48 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Do it the right way.Go to the court and get permission. He probably won't care. You won't have to worry abiut it. Make it legal
2006-06-26 14:58:03 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You have to check with the state attn. office.
2006-06-26 14:41:02 · answer #9 · answered by angelpockets 4 · 0⤊ 0⤋
just move
2006-06-26 14:49:56 · answer #10 · answered by Anonymous · 0⤊ 0⤋