QUESTION

my x- boyfriend says i cant leave state with my son?

Asked on May 26th, 2015 on Family Law - Wisconsin
More details to this question:
i had a baby he put his name on the birth certificate he is not his biological father and we never were married he wanted a paternity test but it was closed when i dropped the child support order he is now telling me that i cant leave state with my son and i also have a restraining order on him
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
Until such time as your ex boyfriend is legally established as being the biological father of the child in paternity court, he has no legal rights towards the child whatsoever, and it is on that basis that you would be able to leave the state of Wisconsin or move more than 150 miles from your current location, without his permission or consent. It would be common courtesy to provide your address and telephone number to him, if you have an honest belief that he really is the child's biological father. The birth certificate does not establish  paternity; the only two ways that paternity are established is either by a (1) voluntary acknowledgment of paternity that you both sign and gets filed with the State in Madison, WI or (2) by filing a paternity action in court and having DNA testing to show whether or not he is the child's biological father. If in fact, he has already been established legally as being the biological father (in one of the two ways listed above), you would be required to provide 60 days advance written notice to him and to the court of your intention to move out of state or more than 150 miles away from the current location of where he is, and you must inform him of his right to object to the removal. if in fact he does file a written objection , the court will not let you move on an interim basis, pending litigation to decide final placement issues.
Answered on May 26th, 2015 at 3:50 PM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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