[jg08071987]

I am the mother of a 4 month old boy. His father and I were never married. He is Active Duty Military and is Over seas right now. He will be back in September. I have Married a man in the Air Force who is stationed in Germany. I want to move and be with my husband but my sons father don't want me to. He is not on the birth certificate at all. I am the only one but I think if I go he will summons me to court and I will be right back here.

What can I do to protect myself from that happening and from him trying to get my son?

[bushg]

You need to take care of the situation before you leave. Also how could you not want the child's father to be in it's life. This is the right of the child and the father. He should summons you to court. That is what a real man would do. You need to rethink your stand. On this and I am quite sure there is more to this story than you have written. Do right by your child and the man that you decided to have unprotected sex with. You need to retitle your heading to "sinlge mom which military man will my baby call dad" you will get more response's that way.

[bushg]

Lol. I did state that there is more to the story... maybe you should have posted it. You leave a lot to assume. And that can sometimes make an A$$ out of of you and me. Just take care of it before you leave.

[LadyB]

Whether his name is on the birth certificate or not, he has the right to acknowledge paternity and take you to court, where he may be able to get custody etc.. He can assert his rights as a father. Has he been paying child support? Does he visit?

You can try to get him to voluntarily relinquish his rights so your husband can adopt him, you can start collecting child support if you are not already, and you can try to negotiate leaving the country.

No matter what though you need to get all of the custody, paternity, child support etc. formalized legally. Did you know you cannot get your child a passport, and therefor not board an International flight, without the other parents written permission to do so, or a court order stating you are the sole legal custodial parent?

ETA: Additional Info

Source Passport Requirements for Minors Under Age 14 - Associated Content

For minor children traveling outside of the United States, effective in 2007, a United States passport is required for re-entry into the United States. The key factor to passport acquisition is the necessity that all minors, under age 14, appear in person at the passport location and, even more difficult, the passport application must have the signature of both parents or legal guardians or the custodial parent must provide adequate documentation securing the parent's authority to make sole travel decisions on behalf of the minor child.


For single parents who do not have contact with the other parent, and are unable to obtain form DS-3053, the passport can be issued to the minor child providing the custodial parent has a legal document which supports the sole custody rights and, in addition, the court custody documents must not indicate the minor child is restricted from travel.