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Old 02-13-2014, 05:16 PM   #1
1mommy
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Default if he doesnt support her but has paternity papers signed, can i leave with her

I plan on moving to New Mexico with my daughter. She with be 6 months on my 18birthday, her father doesn't pay for anything sees her once a week but signed paternity paper can I move with her or can he stop me? Im the only one who is really taking care of her
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Old 02-13-2014, 05:37 PM   #2
messyjessi
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Default re: if he doesnt support her but has paternity papers signed, can i leave with her

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Originally Posted by 1mommy View Post
I plan on moving to New Mexico with my daughter. She with be 6 months on my 18birthday, her father doesn't pay for anything sees her once a week but signed paternity paper can I move with her or can he stop me? Im the only one who is really taking care of her
untill a court orders him to he is not obligated to pay child support. your best bet is to get dad's permission to move with your daughter if he says no you may have to go to court and let the judge decide. he has a right to object to the move. it doesnt matter that he doesnt pay support or sees her she is his child too and he has as many rights as you
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Old 02-13-2014, 09:26 PM   #3
130smartchick
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Default re: if he doesnt support her but has paternity papers signed, can i leave with her

What do you mean he signed a paternity paper?

Unless he has a court order for custody/visitation he has NO rights. As an unwed mother you have sole legal and physical custody.
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Old 02-14-2014, 11:06 AM   #4
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Default re: if he doesnt support her but has paternity papers signed, can i leave with her

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Originally Posted by 1mommy View Post
I plan on moving to New Mexico with my daughter. She with be 6 months on my 18birthday, her father doesn't pay for anything sees her once a week but signed paternity paper can I move with her or can he stop me? Im the only one who is really taking care of her
No, for moving out of the state with his child is akin to parental kidnapping. You would be denying him his right to access to his child and the child a right to her father.

At six months it is appropriate that you be the primary caregiver for your infant daughter. What do you expect of him as father? Seeing his daughter once a week when she is just an infant is not unusual for it gives both the chance to get to know each other and to bond.

He surely wants to be there for her first steps, first words, the first time she calls him "Dadda", so why in the world would you deprive them of their right to each other. She is not just your daughter, she is HIS daughter, too. Should you put the shoe on the other foot, just think how you would feel if he were to take her and run off to another state.

Since paternity has been established, he is within his rights to obtain a court order to have you and the child returned to the state if there is a court order establishing his paternity. If not, the end result is the same -- denying a father his right to spend time with and share in the parenting of his daughter. Seeing her once a week is showing real interest in his child, so if there is not a custody and support order, it would behoove you to get one.

Rethink your plans and involve the father, as you involved him when you conceived his daughter.
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Old 02-18-2014, 11:04 PM   #5
Lexus
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Default Re: if he doesnt support her but has paternity papers signed, can i leave with her

If he signed the paternity form and registered with the department of public health, his paternity will be legally established. So, you cannot go out of the state without the prior consent of her father. He can also restrain you from moving with her. If he is not permitting, you need to seek permission from Court. If the mother asks the court for permission to move, the court must look at several things to decide if she should be allowed to move. These things include your relationship with the child and how possible it would be to continue that relationship, looking at how far the mother is planning to move and your financial situation. Best interest of the child plays a significant role here. Speak with an expert family law attorney and start the procedures.
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