Legal Question in Family Law in Massachusetts
My first child was born out of wedlock and has always lived with me. Their biological father refuses to go to court to set up legal & physical custody, child support and visitation. He does, however, visit the child on a regular basis.
My husband and I would like to move out of state in a few years with my first child and our other children because we do not like the area up here. We would like to move south and my job allows me to work anywhere. Obviously, I would like to know if I can move with out going through the court system if I inform the biological father of the move.
I have read other posts asking similar questions, but the answers all suggest to go through the court system. Is it legal for me to make this move without involving the courts?
1 Answer from Attorneys
First, you do not need the biological father's consent to go to court and seek paternity or support for the child.
Second, until the biological father has established a legal right to visitation or otherwise he has no rights to the child until he establishes paternity.
Having said that and your knowing that he is the biological father, simply ask him to agree that you can move to another state in writing. If he refuses you can move until he seeks to establish paternity and he will be obligated to pay child support. If he files a paternity claim before you move, you can still seek the courts permission to move.
Assuming the biological father does not want to pay child support, he will not file a paternity action.
You could also have him give up all paternal rights but that is more complicated.
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