Legal Question in Family Law in California

Father has NO rights, can I relocate to diff state with daughter due to husband'

My ex and I were never married, a relationship in high school. I broke it off with him, and then found out I was pregnant several weeks later. He refused to claim her as his daughter and demanded a DNA test when she was 5 months old. It came back positive, yet he still refuses to put his name on her birth certificate. She is 2 and has seen her father less than 15 times. I have a court order for child support, but nothing has ever been flied (by either of us) for custody, but I have always had her. He does not see her for more than 3 hours at a time. My new husband just got a job transfer to IL from CA. I know I can move, but do I have to get consent from her father? I would notify him, of course, but do I have to go through court or anything? Even though there is no visitation order (and I know for a fact that he will not go to court to get it, he is too lazy), would I have to provide transportation for her? Is there anything I can do as soon as I move over there to get full custody? My husband wants to eventually adopt her and we are in the process of changing her last name from my maiden name to my married name. Please let me know what I can and cannot do. Thank you so much and I apoligize for the longevity of this note.


Asked on 4/12/03, 12:36 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Father has NO rights, can I relocate to diff state with daughter due to husb

If there is no custody order there is nothing to prevent you from moving out of state. He could bring a motion for a child sharing order and it ia possible that you could be required to pay for transportation for the child to return for visitation, but then that is not a probability. If father brings no motion then you aren't prohibited from moving and will have no problems. Your best bet is to obtain a consultation with a child custody attorney in the county where you are currently living to get advice concerning what is likely to happen. Good Luck, Pat McCrary

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Answered on 4/12/03, 11:15 am


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