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ggomez · May 31, 2011, 10:31 AM

I have 2 children, both from different fathers. Im going to get married soon and I will have to move away to another state. My oldest child I do have a custody order in place which I know I need to have that changed. My youngest I don't have a custody order with, nor do I have her fathers name on the birth certificate since I was married to my oldests child's father at the time of her birth. Now he doesn't work nor does he pay child support. He has been taking care of her for me during the day while I work but that's it. I have her most of the time but now that she's in school its even less that he spends time with her. Do I have to file a custody order to take my daughter with me? Being that he is not on the birth certificate, doesn't help me with her, the only kind of help he has giving me is just taking care of her while if work.

JudyKayTee · May 31, 2011, 10:45 AM

Is there a visitation order for EITHER child? If so, what does it say?

Be aware that the father can go to Court, get paternity determined and attempt to keep you from moving and taking his child away from him.

The ONLY help is taking care of her while you work? Where I live that's a LOT of help due to the cost of child care.

Your child also knows this man as her father. You may have problems getting permission to separate the two of them.

ggomez · May 31, 2011, 11:03 AM

With my older child there is a 50-50 custody order. With my youngest there is no order what so ever. I live in CA. Eaither way he only really sees her for two hours after she gets out of school and before I get out of work to pick her up and everyother weekend. I have her every night of the week.

JudyKayTee · May 31, 2011, 11:20 AM

Makes no difference - he is "fathering" the child. If he files for visitation you are going to have a problem.

Or is he going to allow you to move, not raise the issue?

I understand the custody order. What is the VISITATION order?

ScottGem · May 31, 2011, 12:42 PM

First ANY question on law needs to include your general locale as laws vary by area.

Second, the father of the older child is actually the legal father of both since you were married at the time of the younger child's birth.

But as Judy said, its not so much custody that matters but visitation. If there is a visitation order that will be adversely affected by the move then you need court permission to move the children.

AK lawyer · May 31, 2011, 01:22 PM

I understand that there is no custody order regarding the second child. If that be the case, OP can move the child wherever. She shouln't however, fail to tell the father where she is taking the child.

If the father doesn't like it, he can file something in court. Until he does so, she is free to go.