Child custody question, moving out of state, PLEASE ADVISE!!?

Question

I just had a baby girl in February. I was never married to the father, and he didn't support me at all during the pregnancy. He wanted me to have an abortion, then in the beginning of the pregnancy, he got furious with me and threatened to take the baby. I didn't hear from him at all after my 3rd month. My daughter is 6 weeks old, and he has never even seen a picture of her. I was in the middle of filing for sole custody, and due to a family emergency, I now have to move out of state. I called my lawyer, and he said if I move out of state, the father has a bigger chance of getting custody (I guess he meant joint). I don't understand how this is possible! Is he maybe just saying this because I'd have to stop paying HIM money? This is what I'm hoping, because I HAVE to move. I would think since he's never supported me, any court would let me keep custody. I will be able to make a great life for her where I'm moving. He's not even on the birth certificate. Can't I file in ANY state?

Okay, everyone keeps saying stuff about his rights as a father - but he's not legally the father - he didn't want to be on the birth certificate, he wanted to sign over his rights - I don't think that he has rights unless he establishes that he is legally the father. I'm just trying to figure out if I'll get in trouble for moving... I don't see how I can - he's not supporting his child. If I move - can't I just establish residency there? I mean, if when she's two, he comes around and freaks out that I live in a different state - what can he do? He never established his paternity to begin with...

Answer 1

If hes not on the birth certificate and he didnt get a DNA to prove he was the father and yall were not married then in the courts eyes theres no proof hes the father go out of state he cant do anything unless he has a DNA saying hes the father. Also they will NOT take a child under the age of 2 from the mother unless your proven unfit maybe you need a new lawyer yours sounds like hes lacking

Answer 2

I don't know where you are, but in Ohio a father that never married the mother has to prove he is the father and then he has to fight for visitation and custody.
My sister in law is thinking about moving to another state. Her daughter is 11 years old. Her lawyer told her that she could basically move to the moon and he couldn't stop her. He could ask for a hearing, but if she can prove that the move would better her situation, the court would let her go. But he is already the established father. If he wasn't he would have absolutely no say in the matter. They were never married and she has full custody by default, because he wasn't on her birth certificate either.
Since the father isn't even listed on the birth certificate, I'm not sure how he can lay claim to her. And at 6 weeks of age, unless you are an unfit mother, I don't see any court taking her away because you had to move.
If I was you, I would call another attorney and maybe an attorney in the state you plant to move to. The one you talked to makes no sense to me, but I don't know the laws where you live.

If you haven't heard from him since you were 3 months pregnant and she's 6 weeks old now, I would just move. Chances of him seeking custody are probably slim to none. He may have threatened it before, but he was mad for whatever reason. He's had months to cool off and if he really meant it, I think he would have made a move by now. If he's not even in contact with you, I wouldn't worry about it. Do what you have to do and go.

Answer 3

First being the mother you are the custodial parent-meaning you have custody. Nine times out of ten he won't get custody unless there's something wrong in your household were the child is in immediate danger or if there's something wrong with you. And I don't get that from you so personally I don't think he would be granted custody. Second if you are moving out of state and he is the child father you have to start a child support case or shall I say you should. Because if he is the child's father he does have right's. And it's a good time to start them before you move so you can have everything in place and taken care of. Speaking of a lawyer you should consult one only if there is a issue with him harming you or if you just can't get the child support case together. I have gone through the same thing and I have custody of my son. His father is the NCP- non custodial parent and I went to court to get visitation and child support and he can only see him 35 days out of the year... This was something that he agreed to so you have to take it upon yourself to get things squeared away.. So they don't bite you later....And yes you file in the state that the child lives in....

Answer 4

If you are in the process of a custody dispute with the father and you leave the state with the child not only do you risk losing your custody rights but you also risk kidnapping charges.
If you absolutely have to leave the state you need to bring the matter before a judge and get their approval. If your attorney files for an ex parte hearing it will be heard right away.

Good Luck!

Answer 5

Very simple if he is not on the birth certificated and he did not sign the parental rights than legally he is not the father. So you can go and take your baby any were you want. Trust me. Or if you want to play it on the safe side go file for full custody.

Answer 6

This is a hard question to answer because of legal terms/reasons. i would honestly hire a new attorney because I don't think what he told you sounds right. I may be wrong, so that's why I suggest you hire another attorney. If you have to move, you have to move; and since your'e the mother; I've never heard of a mother losing custody of her child due to moving; she'd have to be proven an unfit parent, which is nearly impossible to do.

Answer 7

You did no longer say what state you happen to stay in. each and each state has diverse rules and rules on the subject of custody (whether sole or joint). In CA, you're no longer allowed to even flow out of the county the custody "conflict" is going on in till the courtroom provides you permission. Your criminal professional would would desire to petition the courtroom for permission to permit you to flow out of state whilst the custody preparations are nevertheless being desperate. remember some issues, whether: a million) If the daddy of the toddler makes a decision to combat for joint custody, then you definately could be barred from leaving the state till it quite is settled. 2) whether settled and the daddy has been granted joint custody, he can petition the courtroom to no longer enable you to flow out of state. 3) If the daddy effective factors joint custody, and the decide permits you to flow out of state, the daddy could additionally petition the courtroom so which you would be able to pay any expenses that would desire to accrue from the daddy getting time with the baby (i.e. commute expenses)

Answer 8

I would move and file in the state you move too. All you have to do is file in the new state and if he wants to fight he he will have to get a paternity test and everything. Sounds like you found yourself a spe rm donor too huh. The judge will understand and the mother usually gets custody unless she can be found unfit! I hope this helps!

Answer 9

You lawyer is 100% RIGHT! You can not file in ANY state because the juridiction is where the child was born and where you have resided.

If you choose to ignore your attorey's advice, then you will not be happy with the outcome of your custody case.

Answer 10

It's hard to say w/o knowing a lot more details. What I have seen is you can leave the state for 90 days, but that's usually with a divorce decree. I would do what you have to do then the day you land where your going pay the consultation fee and talk to another atty.

Hope this helps