First thanks you to all people which respond.

I need only solid facts. Thank you.

I have an 2 month old infant born in California and did not put the father on the birth certificate. I can't make an solid income in California, too expensive to live. That's the real and only reason I like to move to Georgia where I have friends and be able to live without to pay rent for a year at least, so that I can relax give full attention to my baby and slowly get back to work.

What is the Law?? Will I be able to move? Can the father prevent me from doing so, even it is not proven that he is the father.(no paternity test no declaration has ben filed)

Please I don't need opinions I only need facts about California law in that matter.

Thank you

Bless you all

Romola

Unless he tries to stop you and demands a paternity test I don't see any reason why you can't move. What does he have to say about all this? Does he want to be any part of the baby's life?

Quote:

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Originally Posted by N0help4u

Unless he tries to stop you and demands a paternity test I don't see any reason why you can't move. What does he have to say about all this? Does he want to be any part of the babies life?

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Thank you for your answer.


Yes he is furious but not very realistic. When I tell him that I can't make a living for myself (child support would be very little) his answer is that I should have thought about this before I gotten pregnant. That is no help to me and my baby. He is also not willing to move together and resolve problems with a therapist which I offered. He thinks I like to live for free off him. Not true at all.I only need support for a little while since I breast feed. (only an excuse not to work,his words)

I really don't like to be a welfare mom and like to take matters in my own hand meaning moving into a big house in Georgia and having respectful wonderful people 2 of my best girlfriends helping me.

I did not made the birth certificate yet and like to do it in a few weeks without him knowing and move than immediately afterwards. I know it's not the best way but there is no talking to him. He will not listening nor will he work with me and a mediator. That's my only chance.

Thank you

Sincerely
Romola

Can he stop you? Yes. If he files for paternity.

Quote:

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Originally Posted by stevetcg

Can he stop you? Yes. If he files for paternity.

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Thank you,

I think you are both right.

It's a very delicate matter and I don't know what else to do.

Bless you

Romola

Quote:

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Originally Posted by romola

Thank you,

I think you are both right.

It's a very delicate matter and I don't know what else to do.

Bless you

Romola

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If I were you, I would contact some of the local aid societies. There are several that focus on women and children in situations similar to yours. They may be able to provide you a lawyer for free. Having a lawyer will make getting what you need a whole lot easier.

The problem right now is that if you move, he has 6 months to file for paternity because CA has jurisdiction. If he files for paternity, you can be compelled to return the child or lose custody. Yeah... totally sucks.

Yeah my daughters bf's mother moved from Ohio to Georgia and the Judge said that she could not have primary custody of her daughter --because she moved.

Quote:

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Originally Posted by stevetcg

If I were you, I would contact some of the local aid societies. There are several that focus on women and children in situations similar to yours. They may be able to provide you a lawyer for free. Having a lawyer will make getting what you need a whole lot easier.

The problem right now is that if you move, he has 6 months to file for paternity because CA has jurisdiction. If he files for paternity, you can be compelled to return the child or lose custody. Yeah... totally sucks.

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Thank you Steve,

Oh thank you I had no idea. I will take a lawyer.

But only another question. I am german and my baby will get both nationalities german and american. Would it be child abduction if I would go to germany? if he is not on the birth certificate . I am able to get a german and an american birth certificate. I do not think that american jurisdiction can order me to come back if I reside in germany. German Law is if I am not married and give birth than I get automatic full custody of the child.

I know the situation gotten more complicated. Sorry

I will get an Lawyer but like to know what you think about that?

Best wishes and thank you for taking time to read and answer me.

Romola

If a custody order is issued by a US court and you leave the country, yes you can be charged with parental abduction and if you return to the country you definitely can be arrested and charged.

I would not be certain that moving back to Germany would protect you either, if the father were so inclined. The US and German governments have long standing extradition treaties and if the father were to get loud enough to the right people, the state department *could* get involved. Will it? Doubtful... but stranger things have happened.

Best thing is to get it cleared up in court and do it all legal. You know the saying "dont burn any bridges"? It definitely applies here.

Quote:

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Originally Posted by stevetcg

If a custody order is issued by a US court and you leave the country, yes you can be charged with parental abduction and if you return to the country you definitely can be arrested and charged.

I would not be certain that moving back to Germany would protect you either, if the father were so inclined. The US and German governments have long standing extradition treaties and if the father were to get loud enough to the right people, the state department *could* get involved. Will it? Doubtful... but stranger things have happened.

Best thing is to get it cleared up in court and do it all legal. You know the saying "dont burn any bridges"? It definitely applies here.

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Steve Thank you again,

To get a custody order I would think he has to have paternity established first. How he is able to do that if I take a longer vacation with my baby?

I will ask an Lawyer about that.Do you know if he may have to take the cost if I take a "plaintiff lawyer"?

Thank you
Romola

Quote:

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Originally Posted by romola

Steve Thank you again,

To get a custody order I would think he has to have paternity established first. How he is able to do that if I take a longer vacation with my baby?

I will ask an Lawyer about that.Do you know if he may have to take the cost if I take a "plaintiff lawyer"?

Thank you
Romola

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Is your vacation in the country? A GA court will enforce a CA court order. If you are talking leaving the country... again, that's burning bridges.

No, he will not be required to pay your legal fees.

Quote:

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Originally Posted by stevetcg

Is your vacation in the country? A GA court will enforce a CA court order. If you are talking leaving the country... again, thats burning bridges.

No, he will not be required to pay your legal fees.

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Thank you Steve,

You answers where so helpful. I will look how to get a lawyer involved and hopefully these problems will get resolved in a sensitive manner.
I do can show the judge the difference it will make if I can move and support myself in GA, where the living expanses are one third. It will benefit my child immense.

Wish you all the best.

Romola

The bottom line is that if he files when you leave your looking at either giving up custody or returning with the child. And if you try to go to Germany you will be arrested and spend your child's younger years in prison. For one thing to travel out of the country you need the fathers permission if he's not with you. And its not a stretch at all that the two countries co operate so even if you try to hide they will find you eventually.

Quote:

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Originally Posted by califdadof3

The bottom line is that if he files when you leave your looking at either giving up custody or returning with the child. And if you try to go to Germany you will be arrested and spend your childs younger years in prison. For one thing to travel out of the country you need the fathers permission if hes not with you. And its not a stretch at all that the two countries co operate so even if you try to hide they will find you eventually.

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Hi Cali,

I understand,but also be aware that there is no paternity test done,no declaration is ben signed and he would not be on the birth certificate when I would leave( I will do it all legally anyhow). So therefore he could not sue for custody since fatherhood is not ben established.
It's all a big mess and my child maybe ends up on welfare so he can see her 1 a week. She is only 8 weeks old. Is not fair, therefore I will show the judge what difference it make if I can support myself in GA and my child escape poverty.

Thank you Cali

Bless you
Romola

Quote:

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Originally Posted by romola

So therefore he could not sue for custody since fatherhood is not ben established.

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Yes he can. Its all the same process.

Quote:

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Originally Posted by romola

Hi Cali,

I understand,but also be aware that there is no paternity test done,no declaration is ben signed and he would not be on the birth certificate when I would leave( I will do it all legally anyhow). So therefore he could not sue for custody since fatherhood is not ben established.
It's all a big mess and my child maybe ends up on welfare so he can see her 1 a week. She is only 8 weeks old. Is not fair, therefore I will show the judge what difference it make if I can support myself in GA and my child escape poverty.

Thank you Cali

Bless you
Romola

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It doesn't matter. He still can step forward. He can even be granted emergency custody if the situation warrants it.

Yep he can because he goes into court files for custody and requests a proof of paternity test to establish his rights to custody.

Quote:

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Originally Posted by N0help4u

yep he can because he goes into court files for custody and requests a proof of paternity test to establish his rights to custody.

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Its CA... he could file for custody before the child was even born. :)

As long as the father does not attempt to enforce his paternal rights you are free to move. However, should you ever need to apply for public assistance you'll be required to establish paternity and pursue a judgment for child support once paternity is established.

Part of the issue they are trying to say, he can file for custody and ask for a DNA test in the same motion to the court.

And the court will look at his desire to be part of the child's life, not your ability to earn a living somewhere else.

In may custody agreement I can't move more than 30 miles from my ex, ( without her permission) to allow her proper visit times with our son.

Also GA if you file for any type of assistance will want you to name the child's father, so they can go after him.

No custody established, no child support order, father not named on baby's birth certificate,

1) CAN I MOVE LEGAL WITHIN THE STATE? CA

2) HOW COSTLY AND TIME CONSUMING IS IT FOR HIM TO ESTABLISH PATERNITY?

THANK YOU

1) depends on how far you wish to move and depends on what court orders exist.

2) it might cost a minor court fee, but its generally less than $40 to file for paternity. The process can take a few months, but the length of the process can be mitigated by a number of factors, including the custodial parent trying to move.

Quote:

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Originally Posted by stevetcg

1) depends on how far you wish to move and depends on what court orders exist.

2) it might cost a minor court fee, but its generally less than $40 to file for paternity. The process can take a few months, but the length of the process can be mitigated by a number of factors, including the custodial parent trying to move.

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Nothing is established ,no court order at all, no paternity,no child support, no father mentioned on birth certificate.

Can I move within Ca? Say from la to san francisco or
La to san diego? What does the difference in miles mean.

Thank you for taking the time to read and answer.

Quote:

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Originally Posted by romola

Nothing is established ,no court order at all, no paternity,no child support, no father mentioned on birth certificate.

Can I move within Ca? Say from la to san francisco or
la to san diego? What does the difference in miles mean.

Thank you for taking the time to read and answer.

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The mileage makes all the difference in the world. If for instance your move causes the father to have to travel more than an hour (or whatever the threshold is for your state) the move has to be approved.

But without a custody order, you can do whatever you want. If he files for paternity, if you have already moved then it becomes moot if you are still in the same state. He cannot force you to move back. If he files before you establish a new residence however, he might be able to. State laws vary and I am no expert on CA law.

Quote:

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Originally Posted by stevetcg

The mileage makes all the difference in the world. If for instance your move causes the father to have to travel more than an hour (or whatever the threshold is for your state) the move has to be approved.

But without a custody order, you can do whatever you want. If he files for paternity, if you have already moved then it becomes moot if you are still in the same state. He cannot force you to move back. If he files before you establish a new residence however, he might be able to. State laws vary and I am no expert on CA law.

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The mileage makes all the difference in the world. If for instance your move causes the father to have to travel more than an hour (or whatever the threshold is for your state) the move has to be approved.

Has to be approved or did you mean disallowed? Either way, the mileage makes little or no difference in most cases, unless it's a move down the street (we treat international move-aways a little different however).

If he files for paternity, if you have already moved then it becomes moot if you are still in the same state. He cannot force you to move back. If he files before you establish a new residence however, he might be able to.


I can't say I agree. Why would it matter if the petition were filed after a move versus before? The courts don't take that sort of wooden approach to the subject I'm afraid.

Without reading the entire thread, I will say that a move away in California can be one within the state and can even be of fairly short distance. The seminal move-away case in California, Marriage of Burgess, involved a move of only 40 miles. So, there really are no simple guidelines on distance that we follow.

The easy way to generalize about this move-away conundrum is to say that to win your move-away request (over objection of course) you are going to need a favorable child custody evaluation. That's what I tell clients.

You just cannot rely on simple favors like mileage, whether the move is before the case is filed or after, or any other little tests we'd all like to invent to answer the question. It's just too complicated of a subject to generalize about, and these cases are almost always won or lost on the outcome of a custody eval.

Quote:

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Originally Posted by cadillac59

The mileage makes all the difference in the world. If for instance your move causes the father to have to travel more than an hour (or whatever the threshold is for your state) the move has to be approved.

Has to be approved or did you mean disallowed? Either way, the mileage makes little or no difference in most cases, unless it's a move down the street (we treat international move-aways a little different however).

If he files for paternity, if you have already moved then it becomes moot if you are still in the same state. He cannot force you to move back. If he files before you establish a new residence however, he might be able to.


I can't say I agree. Why would it matter if the petition were filed after a move versus before? The courts don't take that sort of wooden approach to the subject I'm afraid.

Without reading the entire thread, I will say that a move away in California can be one within the state and can even be of fairly short distance. The seminal move-away case in California, Marriage of Burgess, involved a move of only 40 miles. So, there really are no simple guidelines on distance that we follow.

The easy way to generalize about this move-away conundrum is to say that to win your move-away request (over objection of course) you are going to need a favorable child custody evaluation. That's what I tell clients.

You just cannot rely on simple favors like mileage, whether the move is before the case is filed or after, or any other little tests we'd all like to invent to answer the question. It's just too complicated of a subject to generalize about, and these cases are almost always won or lost on the outcome of a custody eval.

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My point about filing for paternity is that right now, there is no custody and no court involvement. If she moves now, there is no way to disallow it because there is no court order. She cannot be expected to just sit there and wait in case he decides someday he wants to be a father.

Quote:

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Originally Posted by romola

No custody established, no child support order, father not named on baby's birth certificate,

1) CAN I MOVE LEGAL WITHIN THE STATE? CA

2) HOW COSTLY AND TIME CONSUMING IS IT FOR HIM TO ESTABLISH PATERNITY?

THANK YOU

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First, it looks like you opened two separate threads for this. Please don't. Your threads were merged.

Second, please don't presume to dictate who can respond to your posts or the nature of those responses. As long as the response does not violate the rules of the site, a member can post. If you think a respone violates our rules then report it.

Finally, I'm not sure if you are fully understanding the answers you are getting. The bottomline here is that he IS the father. If he chooses to exercise his rights (as it appears he will), then he has rights. The first step in his gaining rights is to file for custody. As part of that process, a paternity test will be ordered. So legal parentage WILL be established. Once that happens, if you try to move without court permission, then he can force you to return and you could lose primary custody.

It doesn't matter that he is not on the birth certificate, the only thing that matters is that he wants to be a part of the child's life.

Quote:

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Originally Posted by stevetcg

My point about filing for paternity is that right now, there is no custody and no court involvement. If she moves now, there is no way to disallow it because there is no court order. She cannot be expected to just sit there and wait in case he decides someday he wants to be a father.

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True. If that is what you meant, I don't disagree at all.

The only thing you can really say is that these cases almost always require a custody evaluation to be decided (either a partial or full 730 as we call them). Without an eval, they are extremely risky for the moving parent and likely to be lost. That's my experience anyway.

I had a client once (actually I was one of several in a string of attorneys she had) who moved from California to Georgia with her kid; the dad filed his case about 2 months after she had moved and settled in in Georgia, and the case was hotly contested (the parties were never married, just as in this OP's case). After a long (2 year) custody battle, a full 730 custody evaluation, and about $30,000 in attorney fees spent by the dad, the mom lost custody and the kid was returned to California and to this day lives with his dad. A big surprise for the mom.

It's very difficult to predict how these cases will turn out and they can become very complicated and expensive very quickly. The point is, it is impossible to generalize about them or formulate any reliable guidelines about how they will turn out (other than to say the parties need a custody eval).

Quote:

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Originally Posted by stevetcg

1) depends on how far you wish to move and depends on what court orders exist.

2) it might cost a minor court fee, but its generally less than $40 to file for paternity. The process can take a few months, but the length of the process can be mitigated by a number of factors, including the custodial parent trying to move.

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$40 to file for paternity? No. It's $350 plus another $40 for a hearing on custody. So, add another zero and you're closer. And the process probably takes on average about 1-2 years if contested.

Sorry to disagree with you Steve, because you give really good advice on this board and I know you care about giving good answers (and you do give good answers). But gosh, my state is broke and there's no way our courts are cheap to file in . In fact, we are looking at a court closure on every third Wednesday of the month effective in August due to budget constraints. So, keep in mind, the filing fee statewide is $350 in all family law cases. Plus, extra for motions.

Quote:

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Originally Posted by cadillac59

$40 to file for paternity?! No. It's $350 plus another $40 for a hearing on custody. So, add another zero and you're closer. And the process probably takes on average about 1-2 years if contested.

Sorry to disagree with you Steve, because you give really good advice on this board and I know you care about giving good answers (and you do give good answers). But gosh, my state is broke and there's no way our courts are cheap to file in . In fact, we are looking at a court closure on every third Wednesday of the month effective in August due to budget constraints. So, keep in mind, the filing fee statewide is $350 in all family law cases. Plus, extra for motions.

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Its $40 here in FL. Again... CA is different than FL... as it is different from just about everywhere.

As of course most places allow a sliding scale for people that cannot afford to pay full price.