QUESTION

Is there anything I need to do or know before I can move out of state with my special needs child?

Asked on Mar 22nd, 2014 on Child Custody - Rhode Island
More details to this question:
I want to separate from my husband and move out of state with my child that has special needs. My husband isn't the biological father, but his name is on the birth certificate. I don't have a job, but I am her main caretaker. I'm the one who knows her needs. I have been to all of my child's medical and school appointments, unlike my husband.
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1 ANSWER

Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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You need to give written notice so the father has a chance to object. Your husband is the child's legal father since you both perpetrated a fraud by putting his name on the birth certificate. If he signed the affidavit of paternity less than four years ago, he can go back and deny paternity. I think you need to address the issue of how you are going to support yourself especially if he is within the 4 year frame for denial. If he objects and makes a motion to the court, you will have to explain your reason for moving. In the absence of a job, there doesn't seem to be much of a reason.
Answered on Mar 25th, 2014 at 6:15 AM

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