My husband is not the father of my child but was there for his birth & signed the birth certificate & is supporting him. The baby was born in NC & I live in OH. I was told the birth certificate can't be changed since it's an out of state because. The biological father is asking for a bargian. He says he won't request visitation if I don't request (back) child support but yet refuses to sign over his rights for adoption. He also hasn't been a part of this child's life (for 10 months). My husband's in the army & we're being stationed overseas. I was told (all of this was being told to me by the child support enforcement agency) that the biological father can't have visitation since I will be WAY over 100miles away. Is having military orders enough for the court to grant me permission to take the child overseas & away from his loser father? Is any of this true?

He can't really make that deal, ( no judge is going to sign off on it)

He will have to show to the court that he has plans to visit and your moving will effect his ability to see the child.

He being on the birth certificate has nothing to do with it, He merely has to prove he is the father, which sounds like it already happened if there is a court ordered child support.

The child's father can file in court to stop the child from moving overseas, and you will be stopped until there is a hearing,

The fact he has not visited will hurt him, but the fact he used to visit ( sounds like) he can show the court plans to start visit.

Assuming you used to live in another state and moved to OH, and the birth father allowed that without trying to stop you, will also hurt his case.

But yes, he can file to stop you, and has some chance of winning

Why does your husband need to adopt your son if his name is already on the birth certificate? If your ex has no intent to see the child, and you don't plan on going after child support, then I'm not sure why courts need to be involved.

As far as I understand it (which may, very well, be wrong) the name on the birth certificate is considered the legal father unless that is challenged. Has your ex challenged it?

I believe that you can petition the court to allow you to move if it comes down to that.