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liltazdevil15 · May 22, 2009, 10:55 AM

After reading several threads, I still find myself confused and not having all the answers. I am an unmarried mother, thinking about moving out of the state. While the fathers name is on the because and he signed the Paternity acknowledgement, the is no court order for custody or support. He does see the child regularly, but only does so with me pushing for it and getting the child to him, very rarely does he go out of his way to see him. Is there anything preventing me from leaving?

stevetcg · May 22, 2009, 10:58 AM

Technically no, but as soon as you do, if he files for visitation/custody you may be compelled to move back.

GV70 · May 23, 2009, 05:08 AM

Originally Posted by stevetcg

Technically no, but as soon as you do, if he files for visitation/custody you may be compelled to move back.

I respectfully disagree... If there is no Court order she can move anywhere and after that no one can compel her to move back.
The law provides that a parent cannot relocate out of the state with a minor child unless that parent has:

1. consent of the other parent, if that parent has been given parenting time by an order or decree;
Or if the non-custodial parent disagrees:

2. an order of the court allowing the relocation.

ScottGem · May 23, 2009, 05:41 AM

I'm going to have agree with Steve. If the father is on the birth certificate, he has, defacto joint custody. If he has been spending time with the child and moving changes that, a court might order you to return, especially if he files quickly enough.

On the other hand, I see the likelihood of this as very small. First, based on what you said about having to force him to spend time with the child, he probably won't go to court. Second, if you inform him in advance that you are moving and he does nothing, then the courts are not going to force you back.

GV70 · May 23, 2009, 05:53 AM

Originally Posted by ScottGem

I'm going to have agree with Steve. If the father is on the birth certificate, he has, defacto joint custody.

Nope;)
He has only right as a man listed on the BC to address custody and visitation issues with the court.Custody and visitation issues should be addressed in a court order. This must be done even if paternity was established by a Voluntary Declaration of Paternity or an administrative order.

GV70 · May 23, 2009, 06:06 AM

Example:
Ohio Revised Code, as a Sub Section of 3109.051:

(G) (1) If the residential parent intends to move to a residence other than the residence specified in the parenting time order or decree of the court, the parent shall file a notice of intent to relocate with the court that issued the order or decree.

cadillac59 · May 23, 2009, 12:16 PM

Originally Posted by GV70

I respectfully disagree...If there is no Court order she can move anywhere and after that no one can compel her to move back.
The law provides that a parent cannot relocate out of the state with a minor child unless that parent has:

1. consent of the other parent, if that parent has been given parenting time by an order or decree;
or if the non-custodial parent disagrees:

2. an order of the court allowing the relocation.

Whose "law" are you quoting?

cadillac59 · May 23, 2009, 12:17 PM

Originally Posted by GV70

example:
Ohio Revised Code, as a Sub Section of 3109.051:

(G) (1) If the residential parent intends to move to a residence other than the residence specified in the parenting time order or decree of the court, the parent shall file a notice of intent to relocate with the court that issued the order or decree.

Where did this OP state that she was in Ohio? And why is Ohio's law some model for the rest of the country or world?

I agree with Steve.

cadillac59 · May 23, 2009, 12:20 PM

Originally Posted by GV70

nope;)
He has only right as a man listed on the BC to address custody and visitation issues with the court.Custody and visitation issues should be addressed in a court order. This must be done even if paternity was established by a Voluntary Declaration of Paternity or an administrative order.

In California a voluntary declaration of paternity is the equivalent of a judgment of paternity and a father who appears as father on a voluntary declaration of paternity has the same custodial rights of the mother. Even without a court order he has equal rights to custody (Cal. Fam. Code section 3010). In fact, the law in my jurisdiction (section 3010) is even more generous than that: Any father who is a presumed father under Family Code Section 7611 has equal rights to custody. Even without a court order establishing those rights (and 7611 is broad enough, for example, to cover a fathers whose presumption of paternity arises by merely from that person having taken the child into his home and holding the child out as his own).

liltazdevil15 · May 23, 2009, 07:58 PM

Just for the record I'm in NY. Thanks for all your help!

Fr_Chuck · May 23, 2009, 08:13 PM

The issue as noted is that being on the birth certificate, and his acknowledgement makes him a equal parent, if for example he had the child right now, he has as much legal right, since there was never any custody order in place.

Now since he has a history of visits, ( even if forced) if you just move, he could file the next day or week, for custody and because his rights for visits have been now denied.

It is not uncommon in these cases for the mother to be ordered to return the children to that state.

Now he may not do anything and the longer he does not, it lessens his position.

You should have course get a custody order, get child support ordered and get permission to move.