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singlemom00 · May 3, 2009, 01:12 PM

Hi. I'm a single mom. (not ever married to father) I live in PA. And fathers name is NOT on the birth certificate. I understand that he can request a paternity test from the court, but this is my issue..
I want to move to Florida, and he's telling me I'm not legally aloud to take my son.. is this true?

Sunflowers · May 3, 2009, 01:15 PM

He has to legally establish paternity to object

jenniepepsi · May 3, 2009, 01:16 PM

From what I understand of your situation, you have full custody of your child until your child father makes it otherwise in court. Until he goes to court and is awarded joint custody you can take your child wherever you want.

singlemom00 · May 3, 2009, 01:17 PM

Originally Posted by Sunflowers

He has to legally establish paternity to object

So if I were to pick up and move to Florida today, would he have to do that in the court there? Or can he still do it here?

singlemom00 · May 3, 2009, 01:19 PM

Originally Posted by jenniepepsi

From what i understand of your situation, you have full custody of your child untill your child father makes it otherwise in court. untill he goes to court and is awarded joint custody you can take your child wherever you want.

That is what he wants to do.. but if I were to leave.. would he have to take it to FL?

Sunflowers · May 3, 2009, 01:52 PM

If he wants to file for joint custody and use PA court instead of FL court he has to establish his paternity and file motions in PA in a timely fashion. Otherwise you can file a CS court action in FL and then FL courts would have jurisdiction on custody matters as well.

EDIT: actually you can't file for CS either without first establishing paternity

Fr_Chuck · May 3, 2009, 05:33 PM

If you move, he could file for a DNA test and require the child to be returned,

Now he may not, and the fact he has not filed for a DNA test all this time may go agaist him,

But that is why it is best to clear all of this up early

cdad · May 3, 2009, 05:36 PM

Does he visit with the child and is he doing anything to support the child ?

If you move he can file in the home state Pa and either you will have to move back or give up the child. If he waits too long then you can file custody in Florida. But time won't be on your side should you try to move. Another thing is that you will have to let him know where you and the child are or that could be kidnapping.

ScottGem · May 3, 2009, 05:52 PM

It sounds like you are in contact with the father. Which also means that he may be a part of the child's life.

Basically he's partially right. Legally you can't move without the legal father's permission. So all he has to do is file for an emergency custody hearing and you will have to come back