QUESTION
Can a mother leave the state with a child if the father is not on the birth certificate?
Asked on Apr 29th, 2014 on Child Custody - District of Columbia
More details to this question:
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.
8 ANSWERS
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.
Answered on May 02nd, 2014 at 6:19 PM
2 Awards
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.
Answered on May 02nd, 2014 at 6:19 PM
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.
Answered on May 02nd, 2014 at 6:19 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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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.
Answered on May 02nd, 2014 at 6:18 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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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.
Answered on May 02nd, 2014 at 6:18 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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If there is no proof of paternity on file, you can probably leave.
Answered on May 02nd, 2014 at 6:18 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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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.
Answered on May 02nd, 2014 at 6:18 PM
Probate Attorney serving Washington, DC
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Apex Legal Services, PLLC
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Consult with a lawyer.
Answered on May 01st, 2014 at 3:58 AM