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    csmalls's Avatar
    csmalls Posts: 1, Reputation: 1
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    #1

    Nov 6, 2011, 09:58 AM
    Unmarried parents with father wanting to move the child
    What if the roles are really reversed? The father is not on the birth certificate but has a paternity test showing he is the biological father.The child resides with the mom in one state but the father lives in another.The child wants to be with her dad because her mother is mean and abusive.Can the father legally move the child with mother knowing and her not be able to stop him? There is no custody papers only child suport order through the welfare department.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Nov 6, 2011, 10:02 AM
    A paternity is not valid unless approved by the court. If a support order was issued, then he is the legal father.

    Absent any court ordered custody, he has joint legal custody. But doing this without the courts is asking for trouble.

    The father should file a petition for custody in the court where the child lives. Depending on the age of the child her preferences may be listened to. If abuse can be proven then that will help the case.
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