Legal Question in Family Law in Pennsylvania
I want to move out of state, my youngest daughter's father is not on the birth certificate, does NOT pay any child support and only helps out every once in a while... Does he have any legal right to stop me from taking her and moving out of state?
2 Answers from Attorneys
Yes he does. Whether he's on the birth certificate or pays child support doesn't effect his custody rights. That said if you can get him to agree or a court to grant you permission you could move.
{John}
As the previous post mentions, it does not matter whether he is on the birth certificate. It also doesn't matter that he doesn't pay support. He still has legal rights, which would include the right to object to a relocation. The laws regarding relocation are very detailed and there are several procedural steps that you must follow prior to relocating with the child. If you do not follow these procedural requirements, that fact can be used against you in the event that the father would decide to file an action in court. If he will agree to the relocation, then you may be able to avoid having to go through any sort of court proceedings, however, you will have to get his consent in the proper format and will still need to follow the proper procedures. I would highly recommend that you retain an attorney to assist with this. I had previously written an article regarding child custody relocation laws in PA and the article is posted on the blog section of our website. If you copy and past the link below, it will take you directly to the article posted on our website.
If you would decide to move forward with this, please feel free to call our office to schedule a free phone consultation. Our main offices are located in the Lancaster PA area.
Justin C. Gearty Jr., Esquire
Owner and Managing Attorney
Gearty Law Offices
Phone: 717-490-6325
Email: [email protected]
Website (direct link to article on PA Child Custody Relocation Laws): http://www.geartylawoffices.com/blog/?p=36
Website (home page for Gearty Law Offices): www.GeartyLawOffices.com