Can I move with my daughter if my daughter dad has no custody rights? 1 Answers as of August 05, 2011My daughter's dad and I have never been married. We've been separated for four years. My fiance' is in the military and we are about to relocate from Louisiana. My daughter's dad and I have NO legal documentation as to any custody rights. I have her the majority of the time and he pays absolutely NO child support. What should I do? Can I move and have no problems out of him trying to make us move back. He will still have visitation during her school breaks and summer.
ROWE LAW FIRM | Jeffrey S. Wittenbrink
Regardless of whether or not your daughter's dad has no custody rights, he may have parental rights depending on the situation. If he has legally confirmed his status as the father, and has a relationship with the child, you may not be able to move unless you file an action under the Louisiana Relocation Statute. The statute requires that you obtain court permission prior to moving a child more than 150 miles away from another parent in Louisiana, or if you move to a different state. If the child's father has never established that he is the father-that is, he is not on the birth certificate, has not filed an affidavit of paternity or other legal document to state that he is the father, than you may be able to move, but he still may be able to establish paternity and sue to have you return to Louisiana with the child.
Answer Applies to: Louisiana