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Asked 11/6/2010

Moving out of state with child to marry military husband

My boyfriend just joined the navy and i am pregnant with his baby. We're getting married when he is done with bootcamp and I plan on moving where he gets stationed. I have a 2 year old who isn't his but he has been taking care of him for the past year. My sons real father doesn't have a job, doesn't pay child support, lives with his mom, sees our son once a month, and will most likely fail a drug test. He said he's taking me to court to stop me from moving with our son. Is he going to be able to?

 
 
 
 
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Answer 1/2 - Submitted 11/7/2010

Sorry to hear about your situation :( Do you have full custody of child since you guys are not together? I am not a lawyer but I was thinking that if you had sole custody, wouldn't that mean you could go where ever you pleased with your little boy?

 
 

Answer 2/2 - Submitted 11/7/2010

The laws for unmarried parents are if the father is listed on the childs birth certificate or had proven parenty then he has the same legal rights as you do, the only difference between hom and you is that his being listed on the birth certifcate, or his proving parenty does not give him automantic rights it just gives him the right to file for his rights, so he does have to of done one of the above to be able to file for custosdy, joint custody and or for visitation rights, now with this being said if there is no custody order in effect though the court now then you need to file for custody before he does even if he is not on the childs birth certificate or proven partenty you need to do this and when you file for custody you can ask the judge to allow you to relocate because your having a baby and your furture husband is in the milatary. I will tell you this even if the father is not paying his child support will have nothing to do with the courts decition on the fathers rights to see his child, one has nothing to do with the other, if he is not paying his child support the child support services will enforce that order. Now what you do have in your favor is if the father is doing drugs you can request that he take a drug test and if he fails then that could hurt him not help him in court. From what your stating I cannot see any reasons as to why the court judge will stop you from relocating, but if the father is threathing to take you to court you want to take care of this before he files and get it over with, I wish you the best and hope this works out for you.

 
 
 
 
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