QUESTION
What is the correct legal approach if I would like to move with my 2 children?
Asked on Mar 15th, 2014 on Child Custody - Rhode Island
More details to this question:
I am engaged to a man in Army and he is stationed in another state. I was never married to my children's father but we were together for the children's whole life. I would like to move but he is making it impossible. His anger is affecting the children. I would never keep them from him. Paternity hasn't been established. I am definitely sure he is the father. He did sign birth certificate. I have little to no money to hire a lawyer. I don’t want to move if I will be summoned back. I have read the law and heard many people advice me.
2 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
Update Your Profile
If he signed the affidavit of paternity (that's how he got on the birth certificate) then paternity is established. It sounds like a parenting plan was never established. File a petition to establish a parenting plan/child support and as part of that say you want to relocate. He can object, but the court will base it's decision on the best interest of the children. However, the burden of proof is on him to prevent the relocation.
Answered on Mar 18th, 2014 at 5:27 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
So, with no court order in place presently, yes you can move with the children. However, if dad files a petition for a custody order, the children may have to come back. Does he have any money? Is he bright? If so, he may file. On the other hand if he is primarily a blow hard, it may be worth the risk. There is no good answer until the action is taken.
Answered on Mar 17th, 2014 at 12:10 PM