[hunter2010]

My question is can I leave the state of Alabama with my son? The father and I aren't married, he is very controlling and I have no where to stay in town to wait on any court to say its OK. The father seems to keep telling me that he heard that I can't leave the state with out going thur the courts and him oking it. I know he is the father, but we have not had a blood test to prove it yet. I was also told that because we haven't taken that test yet he has no rights at this point any ways. Can someone please help me with some answers??

[PinkHarley]

Now is the time to go, if you are going to go. Just go.

[JudyKayTee]

The legal advice is that at this moment you have total control. The father has inherent rights but he cannot enforce them until the Court decides he can. DNA has to be performed (is he on the birth certificate?) and he has to be acknowledged as the father in order to have legal rights.

If you want to leave - and the facts are as you have told "us" - you CAN leave.

[ScottGem]

I agree, without him being declared the legal father, assuming he is not on the birth certificate or signed an acknowledgment of paternity, you are free to move. However, there is a possibility he can force you to return. While he doesn't have any rights until he is declared the legal father, all the needs to do is go to court for paternity and custody.

I'm not saying you shouldn't move, but you need to be aware that he does have rights if he chooses to go to court to enforce them.

[cdad]

Is he on the birth certificate? He can file emergency orders as soon as you leave possibly forcing you to return and at a minimum forcing the return of the child.