Unmarried Mother Rights to move out of State

ScottGem · Feb 16, 2009, 03:40 PM

I'll assume the boyfriend is on the birth certificate. So there was no court hearing for custody, suppoort or visitation.. As long as that is the case, you can move with breaking any laws.

If the father takes you to court for visitation, there is a possibility, but I believe a thin one, that you will be ordered back. On the other hand, I would file for support as soon as you get settled.

CAluckigal · Feb 16, 2009, 05:35 PM

Father is not on birth certificate but we do have formal documentation by a dna agency proving he is the father.

ScottGem · Feb 16, 2009, 05:42 PM

Doesn't change my answer

Fr_Chuck · Feb 16, 2009, 06:17 PM

Yes, at this point you can move, he can file in court if he wants to try and force you back, in many custody agreements there are clauses that wll not allow you to leve at that point

cdad · Feb 17, 2009, 06:00 PM

Quote:

Originally Posted by ScottGem

I'll assume the boyfriend is on the birth certificate. So there was no court hearing for custody, suppoort or visitation.. As long as that is the case, you can move with breaking any laws.

If the father takes you to court for visitation, there is a possibility, but I believe a thin one, that you will be ordered back. On the other hand, I would file for support as soon as you get settled.

I have to disagree on this one. For one thing you can't just go to Indiana and file. California would still hold jurisdiction until you reach a time limit for allowing it to proceed in Indiana. We may be talking 6 months. So if you should go you can be told by the courts that its ok to go but your going alone. If he applies for custody he may very well be granted some sort. You can either return or make some kind of deal where you provide transportation for visitations from Indiana to California up to 3 times in a given year. Be very careful with this.

CAluckigal · Feb 17, 2009, 09:11 PM

An additional question if I choose to move to Indiana can my boyfriend/father of my son who is not on the birth certificate (but there is formal dna testing done proving he is the father) file kidnapping charges against me?

ScottGem · Feb 18, 2009, 04:49 AM

No, it is not kidnapping to take your own child with you, unless its in violation of a court order.

cadillac59 · Feb 18, 2009, 03:14 PM

Quote:

Originally Posted by CAluckigal

I am a California Resident and have a 14 month old son who was born and is being raised with me in California. I currently live with my boyfriend who is also the father of my son. The relationship is not a good place for me and I have been very unhappy for over a year. I pay for half of our rent, half of our utilities, half our food, all my bills, and all of our son's financially needs from medical bills, food, diapers, wipes, clothes, toys, bottles/sippy cups, and part time childcare. My boyfriend/father of my son barely ever contributes time with our son, refuses to change diapers, refuses to wash anything form of dishes that our son uses, won't feed our son, does not contribute any money to anything for our son, etc.. I have no family where we currently and all my family lives out of state in Indiana.

Do I have the right to move with my son back to Indiana to live with my mother?

At the moment nothing prevents you from moving but be mindful not to try to hide your whereabouts from the boy's father (this could qualify as parental kidnapping if you do) and, of course, give him notice you are leaving--- don't make it an overnight secret disapearance because if you do you might wind up temporarily losing custody of your (and of course returning to California to litigate the issues because jurisdiction will remain here if your co-parent files an action for custody within 6 months of your departure).

Also, your support case is going to have to be in California, unless your coparent has some contacts with Indiana (like the child was conceived there, you resided there once with him, that sort of thing).

If the boy's father files a court case before you leave and has the court papers served on you, you will enjoined from leaving the state with the child for any reason (let alone relocating) without the court's permission (i.e., court order) or your coparent's written permission.

cadillac59 · Feb 18, 2009, 03:24 PM

Also, being listed as father on a birth certificate where the mom is unmarried is technically not the test of paternity. No one is allowed to be listed on a birth certificate as father in cases where the mother is unmarried unless a voluntary declaration of paternity (pop-dec) had been previously signed by both parties (father and mother). So you can kind of get to establishing that a pop-dec was signed by knowing that a person was listed as dad on a birth certificate (in other words there shouldn't be anyone listed on the because if no pop-dec was signed) but it is a kind of indirect way of getting to the real question of who signed a pop-dec, if anyone. It is certainly possible that a pop-dec could be signed but the dad not wind up on a birth certificate, and that person would still be the legal father; so being on the because is not really the test.

Unmarried Mother Rights to move out of State

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