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Old 04-21-2008, 09:10 AM
 
Location: Tunkhannock
934 posts, read 2,642,155 times
Reputation: 328

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If a couple has a baby and they are not married but the baby has the father's name, can the mom move out of state with the baby to be by her family? What are the rules?
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Old 04-21-2008, 10:48 AM
 
Location: Palm Island and North Port
7,486 posts, read 20,388,757 times
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I would contact an attorney. I have a similar situation but I never tried to move out of state. It gets kind of tricky when everything hasn't been spelled out in a custody hearing.
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Old 04-21-2008, 12:25 PM
 
Location: Tunkhannock
934 posts, read 2,642,155 times
Reputation: 328
Thank you SoFlGal.
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Old 04-23-2008, 07:45 AM
 
1 posts, read 3,390 times
Reputation: 10
Because you were never married and although his name is on the birth certifcate......he has to be adjudicated as the father by the courts. If you choose to move, there is nothing he can do about it (because he hasn't been adjudicated as the father). He would have to take you to court.
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Old 03-15-2009, 02:51 PM
 
Location: sarasota, FL
8 posts, read 11,872 times
Reputation: 10
Yes, for the simple reason that you are not married you CAN move and theres nothing he can do about but fight you in court over it. My daughter has my ex's last name and he is on her birth certificate, but he is not her biological father.. we were never married. Keep in mind ANYONE can put ANY name on a birth certificate and noone can question it.
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Old 03-19-2009, 10:55 AM
 
Location: Alva, Florida
9 posts, read 25,757 times
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AS l;ong as court papers state that you can't move. You can go anywhere you wish.
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Old 08-08-2011, 07:36 PM
 
1 posts, read 1,904 times
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Ok...gonna try and make this query short and simple although it's a bit complicated. Husband and wife saparate, have both filed for divorce. Children live with the mother in Florida, father lives in New York. Children go visit father for summer vacation and now does NOT want to give children back to the mother. She fears for the children lives because he has done a 360 and has told her she will never see her children if she doesn't drop divorce proceedings, and has even threaten causing harm to her, the children and himself. Mother is having difficulty with NY City judiciary system as they have advised her because she allowed him to have them for summer break, there is nothing she can do until she gets a court ordered document stating that she has custody of the children. ???? Is there any bill/law the protects a parent in such situation?
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Old 08-12-2011, 08:37 PM
 
Location: FL
17,177 posts, read 9,496,727 times
Reputation: 4209
Quote:
Originally Posted by DoTheRightThing View Post
Ok...gonna try and make this query short and simple although it's a bit complicated. Husband and wife saparate, have both filed for divorce. Children live with the mother in Florida, father lives in New York. Children go visit father for summer vacation and now does NOT want to give children back to the mother. She fears for the children lives because he has done a 360 and has told her she will never see her children if she doesn't drop divorce proceedings, and has even threaten causing harm to her, the children and himself. Mother is having difficulty with NY City judiciary system as they have advised her because she allowed him to have them for summer break, there is nothing she can do until she gets a court ordered document stating that she has custody of the children. ???? Is there any bill/law the protects a parent in such situation?
You really need to speak to an attorney about that.
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