Can a mother leave the state with a child if the father is not on the birth certificate? 12 Answers as of May 02, 2014

The father is getting out of prison May 6 and is a sex offender. Can mom get custody of the 1 year old? No child support has been given.

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Law Office of Andrellos Mitchell
Law Office of Andrellos Mitchell | Andrellos Mitchell
Consult with a lawyer.
Answer Applies to: District of Columbia
Replied: 5/1/2014
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
Mom has custody there is nothing to get. If the father has filed nothing to make himself the legal father, then there is no legal relationship at this time and the mother is free to move and have no contact with him, which, under the circumstances would be an excellent idea.
Answer Applies to: Washington
Replied: 5/2/2014
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
His rights can be terminated due to abandonment.
Answer Applies to: Georgia
Replied: 5/2/2014
Law Office of Linda K. Frieder
Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
If there is no proof of paternity on file, you can probably leave.
Answer Applies to: California
Replied: 5/2/2014
Fran Brochstein
Fran Brochstein | Fran Brochstein
Based on the limited information you provided, if no father is on the birth certificate then, at this time, you can move. But he can file a paternity action for 6 months to try to bring you back to Texas. Talk to a family law attorney in your county for more information or if you have any questions. After the child leaves Texas for 6 months then Texas loses jurisdiction over the child.
Answer Applies to: Texas
Replied: 5/2/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Well, right now she has custody and if there is no court order in place, yeah, she can move. Of course, dad can file a petition to have the child returned to the state as well as for custody and he would probably win, at least initially. In Idaho, the courts are required to try and maintain the parental relationship. This sounds like a case where the court would say there is no good reason to allow dad to be near child. Of course, it depends on the type of sex offense and a variety of other factors.
    Answer Applies to: Idaho
    Replied: 5/2/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    If there is no court order or involvement in this case then the parents may do as they wish with the child, including changing residence. I would suggest you counsel with an attorney immediately and get going if you are going to do anything at all. Things will be much more complicated as soon as the father is out of prison, and his past record will have to be taken into consideration as well.
    Answer Applies to: Michigan
    Replied: 5/2/2014
    J. Barbour Rixey, P.C.
    J. Barbour Rixey, P.C. | J. Barbour Rixey
    Go where you want. There is nothing to stop you at this point. Once you have lived some place for 6 months and have established a home state for the child you may want to consider filing for custody.
    Answer Applies to: Virginia
    Replied: 5/2/2014
    Home Town Law, P.A.
    Home Town Law, P.A. | Sabina Tomshinsky
    If you were never married to the father and no paternity action has been commenced, then you have all the time-sharing and decision-making authority over the child and you may move with the child without notice to the father. However, both parents have a legal obligation to financially support their child.
    Answer Applies to: Florida
    Replied: 5/2/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    The mother should immediately petition to establish paternity and restraining orders for sole legal and physical custody of the minor child. In her moving papers, she should ask the court to let the child relocate with her to another state.
    Answer Applies to: California
    Replied: 5/2/2014
    D. R. Phillips Law Firm, LLC
    D. R. Phillips Law Firm, LLC | Randy Phillips
    I have to make some assumptions here. Since the father isn't on the birth certificate has he been adjudicated as being the father? Is there a court order awarding custody, visitation, child support? If not then there is nothing to prevent the mother from leaving the state with the child. If there is some type of order then the mother should give the father notice as soon as she can of her intent to leave the state.
    Answer Applies to: Alabama
    Replied: 5/2/2014
    John Ceci PLLC
    John Ceci PLLC | John Ceci
    The birth certificate is only marginally relevant in this situation. What matters is whether the parents signed a document called an Affidavit of Parentage or if there is court order for joint legal custody. If there is no Affidavit of Parentage (or a court order for joint legal custody) the mother can move but if the father finds her he can sue to establish paternity and ask for visitation, etc.
    Answer Applies to: Michigan
    Replied: 5/2/2014
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