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  1. #1
    ataylor818 is offline Junior Member
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    Jun 2012
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    custody rights for father not listed on birth certificate

    My roommate has a 9 month old son. He is not listed as the father on the birth certificate, but the mother has signed an acknowledgement of paternity. She also signed a statement granting him temporary custody of the child which included taking the child out of state. The mother lives in New York and he lives in Virginia He has had physical custody of the child for the last 3 weeks but she has since threatened to file kidnapping charges against him. Does she have any grounds for filing any legal actions against him? There is no formal custody agreement filed through the court system.

    The father and the child are currently residing in Virginia. The child's home state is New York.
  2. #2
    ecmst12 is offline Senior Member
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    Feb 2006
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    If nothing has been submitted to the court, she can go pick up her child. But if she were to report him for kidnapping, that would be filing a false report.
  3. #3
    Silverplum is offline Senior Member
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    Jan 2005
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    Frisco, CO
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    Quote Originally Posted by ataylor818 View Post
    My roommate has a 9 month old son. He is not listed as the father on the birth certificate, but the mother has signed an acknowledgement of paternity. She also signed a statement granting him temporary custody of the child which included taking the child out of state. The mother lives in New York and he lives in Virginia He has had physical custody of the child for the last 3 weeks but she has since threatened to file kidnapping charges against him. Does she have any grounds for filing any legal actions against him? There is no formal custody agreement filed through the court system.

    The father and the child are currently residing in Virginia. The child's home state is New York.
    We very much prefer to deal with the actual parents, not any third parties. Please ask your roommate to sign up and ask her own questions about her own legal situation. Thanks.

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