Legal Question in Family Law in Arkansas

Re: rights of father of illegitimate child

I repeat Mr. Beard's warning -- I practice in Montana, and the law here might vary from yours.

To expand on Mr. Beard's answer, typically an unwed mother has physical custody of the child because the dad doesn't reside in the household. Until the court orders a parenting plan (we've abandoned the terms "custody" and "visitation"), whoever has the child has physical custody. This scenario is not uncommon: dad comes to visit the child, takes the child to his house for the afternoon, then decides not to return the child. Mom calls the sheriff. Sheriff says, "Do you have a custody order? We can enforce an order, but we can't decide custody." Mom's stuck until she can file a petition to establish a parenting plan and get before the judge. If you're the mom, take this as a word of warning what can happen if you don't have an order. If you're the dad, be aware that not returning the child is a dumb way to go and can be very traumatic for the child. Courts take a dim view of parents who do this.

Now, your specific question was about relocating. My take on this is yes, since the court has not adjudicated custody, mom can move. Dad can petition the court to establish a parenting plan (which will then establish specific parenting time instead of simply being vague rights). If the court has adjudicated custody, a Montana mom has to give dad written notice 30 days before the proposed move if the move significantly impacts dad's parenting time with the child. If I were the judge, I would want to know why mom wants to relocate -- if she has an offer of a better job, since dad doesn't pay child support I'd be inclined to "look favorably upon" the relocation. I would also wonder why dad doesn't meet his moral and legal obligations to support his child and how much he's parented this child before now. Cases are "fact specific," so you probably want to see an attorney who can apply your specific facts to the law and give you a specific answer.

Re: rights of father of illegitimate child

In most states, the father does have legal rights as a parent, but there is no right to specific visitation unless it is set by the court.

I'm only licensed in Tennessee, so you should speak with an attorny there in your state to see just how the laws there might vary, but generally the mother has legal custody of a child born out of wedlock, and she can decide what contact, if any, the father has with the child. But that is not the same as saying the father has no legal right to visitation, even though until he gets a court order or marries the mother, there is not a great deal he can do when the mother refuses to allow visitation.