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-   -   I live in ocala fl with my 6 month old son can I move to melbourne only 2 hours away (https://www.askmehelpdesk.com/showthread.php?t=593622)

  • Aug 19, 2011, 05:01 PM
    JudynGene
    I live in ocala fl with my 6 month old son can I move to melbourne only 2 hours away
    I live in ocala fl with my 6 month old son can I move to melbourne only 2 hours away from ocala Im moveing with some friends am I able to do so and is there a way he can stop me there is no visitation or anything between us also he's not the real father of the chil I know since he signed the birth certifacate that he is but the real father wants to help and I need my sons last name changed to mine!
  • Aug 19, 2011, 05:06 PM
    ScottGem
    First, if he's not the bio father, then you need to have the bio father file for paternity.

    But if there is no court ordered visitation then you can move, but he may be able to force you back, though that is unlikely if you move within the same state.
  • Aug 19, 2011, 05:11 PM
    JudynGene
    Now is there such a thing as for him getting a junction to not allow me to move 2 hours away
  • Aug 19, 2011, 05:16 PM
    AK lawyer
    Quote:

    Originally Posted by JudynGene View Post
    now is there such a thing as for him geting a junction to not allow me to move 2 hours away

    He could certainly ask for an "injunction". It is unlikely that he would get one, since (as I understand what you are saying) he hasn't previously gone to court to get any sort of custody or visitation order.
  • Aug 19, 2011, 05:16 PM
    tickle
    It is called an 'injunction', but can you give us more information about why you have to move ?
  • Aug 19, 2011, 05:32 PM
    JudynGene
    What papers do I need to change my sons last name to mine and if the real father desides not to do the dna test for me what paper do I need for that and what's thecost for them
  • Aug 19, 2011, 05:35 PM
    AK lawyer
    Here is a good place to start looking.
  • Aug 19, 2011, 05:37 PM
    ScottGem
    First, please do not keep asking new questions. Use the Answer/Reply options to add to this thread.

    If he is the legal father he can go to court to stop you from moving. You would then have to convince the court to allow you to move. This is why the bio father needs to assert his paternity rights right away. If the bio father won't do that, then you need to file for child support. The court will then order a DNA test to determine legal paternity.

    Go to your local family court MoNday to find out what paperwork you need. Or go to social services and apply for assistance.
  • Aug 19, 2011, 06:13 PM
    Fr_Chuck
    The issue here is the "father" listed on the birth certificate is and will remain the "REAL LEGAL" father till it is changed.

    You can not change the child's name without the legal fathers permission at this point.

    You can file for child support of the legal father and he may contest and ask for a DNA test?? Or maybe not, but legally he is the one to pay support at this time

    Can he file to stop you, yes he can, and that will be a issue for the courts
  • Aug 19, 2011, 06:22 PM
    JudynGene
    Sorry Im new at this plus I had a fussy baby on my hands. So here's the whole story now that I have to baby asleep. We all live in ocala but Im soon to be moveing very very soon like Im hopeing in a couple of weeks. The bio father doesn't have the best of job and he is also prolonging the process with whatever excuse he can come up with and Im not for sure why. The man who signed the birth certifacate (John) kick me and my Son out with me not having a job so I can't exactly do it on my own.I don't have family that has the money to put out for me so Im depending on my friends that know my situation and want to help. The bio father only has enough money to by dipers so John is helping me out with that but fight everything else. He's trying to keep my sons last name as his and is trying to keep me in this county I have given him plenty of chances to come see Gene but doesn't his bio father comes and goes when he has time off but I need to know if I'm moveing, do I do all the paper work from up there or here? And the reason Im moveing is because my mother is moveing back to TN wich I'm staying with here for now and I don't want to take my son away from the rest of his family plus I have a relationship in the works Im wondering if I faile child support when I move does he have to make the trip to come get my son if there is custody shareing I don't have a vehicle or my license just yet another reason Im moveing is because there's more jobs hireing there Im trying to get back on track this has made me fall flat on my face.I need to know what pappers I need and price.
  • Aug 19, 2011, 06:59 PM
    ScottGem
    If the move is that imminent, then I would suggest you move and then file. File with social services for assistance. They can then help you get child support.

    As to who needs to pick up the child, that will be decided in court.

    Why is John listed on the birth certificate and trhe bio father not? Were you aware he wasn't the father when he signed?
  • Aug 19, 2011, 07:01 PM
    JudynGene
    OK thank you so much!!
  • Aug 19, 2011, 07:05 PM
    JudynGene
    So I shouldn't have many problems to deal with John when I move I just go with the prosses!
  • Aug 19, 2011, 07:07 PM
    JudynGene
    Do I move before John can file a injuction to keep me here??
  • Aug 19, 2011, 07:08 PM
    JudynGene
    And what about the name change and how hard is it to get his middle name changed?
  • Aug 19, 2011, 07:13 PM
    ScottGem
    First, you need to get the paternity issue squared away. When that is done you can request the name change. You WILL have problems until you get paternity, custody and support changed.
  • Aug 19, 2011, 07:27 PM
    JudynGene
    So I move then File with social services for assistance and they will help me with paternity and the custody??
  • Aug 19, 2011, 11:42 PM
    AK lawyer
    Quote:

    Originally Posted by JudynGene View Post
    So I move then File with social services for assistance and they will help me with paternity and the custody???

    I seriously doubt that they will get involved with custody. If they give you financial aid, they might help collect child support, to pay themselves back, but they won't get involved in custody litigation.
  • Aug 20, 2011, 03:20 AM
    GV70
    Quote:

    Originally Posted by AK lawyer View Post
    I seriously doubt that they will get involved with custody. If they give you financial aid, they might help collect child support, to pay themselves back, but they won't get involved in custody litigation.

    Agreed!
  • Aug 20, 2011, 05:38 AM
    JudynGene
    I just got told I can't move inless I have an agrement with John about visitation and if I do move he can have me arrested for kiddnapping? Do I have to let him know when I move? (Also I haven't gotten a Paternity test yet so do I have to get one done before I leave/move or can I do that at my other location?)

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