My fiancee and I have been on and off again for the last ten years. He is the father of both of my children however his name is not on the birth certificate (he also did not sign it) and he contests paternity to our son not our daughter. I have decided to leave and move to PA from FL to start a new life. I will be moving in with a friend for financial help for a while. Is it legal to do this? Does he have any rights? And finally can he stop me? I am a homemaker and have been for the last four years. I plan on filing for child support once I move up there and have lived there for six months. Please help me any info would be appreciated.
2007-04-18 02:56:25 · 6 answers · asked by missjaimem 1 in Politics & Government ➔ Law & Ethics
Working in the child protection field for over five years I can say that legally he has no legal rights as long as he is not on the birth certificate and you are not receiving child support and have named him the father.
So to answer your first question, yes you can legally move. He however can go file to establish paternity to try to stop you. If he does this, he would have to file saying he was the father which would in turn make him pay to have DNA done to establish him as father then you can file for child support at that time. But this could take up to 6 months depending on how fast your court system works there and how fast DNA comes back.
If/when you move and file for child support, the same will have to happen. You will file saying he is the father they will serve him and he will either not show which is called a default and he is assumed to be father in the eyes of the law and child support will be ordered or he can appear and try to fight which mean DNA testing. Once it proves or disproves him as father he is established and he will then have rights. Which means you will get child support but he will also get visitation with the children.
Not sure you have to wait six months once you move to file for child support, may be their law.
Hope this helps, and I hope I answered all your questions.
Good luck~
2007-04-18 03:30:54 · answer #1 · answered by Jeni 4 · 0⤊ 0⤋
You can move where ever you want, but note if you file for child support the courts will make him take a DNA test to establish paternity and if it comes back that he is the father you will have to place his name on their birth records and he can petition the court for joint custody or visitation rights. The downside is he state of PA can't force him to pay child support since he is in another state.
2007-04-18 03:18:54 · answer #2 · answered by King Midas 6 · 0⤊ 0⤋
If he is the father then let him know of your plans. But why not get DNA testing done first and get him on the birth certificate. When you go for child support you'll have to do it anyways. You seem unconcerned with his rights but you surely are after his money. If he is the father, he definitely has rights and a say in whether you move them out of state.
2007-04-18 07:29:51 · answer #3 · answered by Molly 6 · 0⤊ 0⤋
incredibly,something you pass after for the infants will want his call on the delivery certificates or you are going to be able to might desire to coach to the courts that he's the organic and organic father that could properly be time eating and high priced. no count what happens or got here approximately he remains in charge because of the fact the father ofhis infants and has a fiduciary accountability to you as you 2 are nonetheless married. forget approximately the protection rigidity and pass by using the civilian courts. Theyll make him own as much as his household initiatives. good good fortune
2016-12-29 06:42:02 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I had to move my daughter with me out of state because of my husband's job. Her dad is not on the birth certificate but he sees her regularly and pays child support. On the other hand, he did not try to stop me. I just told him I had to move because of my husband's job and he didn't say a word about it. He still sees her whenever he wants cause we are just a couple hours away. If he has joint custody, there may possibly be a problem if he objects, but if you have full custody, then there shouldn't be a problem. You gotta do what you gotta do!
2007-04-18 03:09:51 · answer #5 · answered by BamBam 3 · 1⤊ 0⤋
if he has established paternity on ur daughter, that may be an issue. but, if u can show the courts the move is in ur kids' best interests and he's not even paying yet you'll be fine.
2007-04-18 03:04:16 · answer #6 · answered by Jynn 4 · 1⤊ 0⤋