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auraya1208 · Sep 25, 2011, 05:14 AM

I am totally getting fed up with the custody situation that is going on with my daughter... It is down right wrong and the judge knows it. Can I move to another state and file for custody... I have a lot of proof of the danger that my daughter has been in, including the father physically grabbing her and I one night and I called 911... the cops did nothing

excon · Sep 25, 2011, 05:22 AM

Hello a:

IF you have a court order in ONE state, IT will be enforced by the rest, and it WON'T be changed. In fact, if you move, the judge will MAKE you come back...

You CAN, of course, appeal any of the judges decisions you don't like.

excon

auraya1208 · Sep 25, 2011, 05:23 AM

I no longer want to claim that the father of my child is the father for sure. I would like a dna test done to know for sure and want to change my daughters name on the birth certificate

cdad · Sep 25, 2011, 05:27 AM

You will need to get the courts involved at a minimum and for a name change it requires the fathers permission to do it.

Fr_Chuck · Sep 25, 2011, 05:39 AM

No, you can't move to another state and file.

As long as one parent is still living in the state where the first order was issued, any and all filings will have to take place in that state.

And if you have proof, is it in a form and manner that is accepted as evidence in court

Do you have an attorney

ScottGem · Sep 25, 2011, 05:39 AM

If you are fed up with the situation, get yourself an attorney (or if you have one, get a new one) and go to court to change it. If you file the judge is prejudiced against you, then ask for a different judge. If you feel the judge has made rulings that are not in compliance with the law, then file for appeals.

But if you defy the court, you just make matters worse. If you move out of state, you can be compelled to return the child and the father may be awarded full custody.

Sometimes the system doesn't work the way we think it should, but going against the system will just make matters worse.

ScottGem · Sep 25, 2011, 05:46 AM

Originally Posted by auraya1208

I no longer want to claim that the father of my child is the father for sure. I would like a dna test done to know for sure and want to change my daughters name on the birth certificate

How old is the child? Where is this (any question on law needs a general locale as laws vary by area). Whether you can request a DNA test at this point will depend on those two factors.

Only if the paternity test comes up negative will you be permitted to change the name. But you need to include that as part of your petition.

If, however, you are just doing this to cause him problems, since you already have a history in the courts, this may go against you. While pinpointing conception dates is not exact, you should be able to narrow it down to a 2-3 week window. If he is the only person you had sex with during that time, you may not want to go through this.

AK lawyer · Sep 25, 2011, 07:00 AM

Originally Posted by auraya1208

I no longer want to claim that the father of my child is the father for sure. I would like a dna test done to know for sure and want to change my daughters name on the birth certificate

No one, judges included, are impressed by someone who cannot make up her mind. You brought up the paternity question in mid-thread, and made it clear that your desire to raise this question is an afterthought. Someone indicated that you have ranted in other postings in this thread. All of which suggests to me that the judge may be ruling against you because he or she is simply tired of your attitude. I suggest that you re-think your strategy accordingly.