I want to move out of state, no legal custody agreement

[MoonMommy]

I live in Virginia. My daughter is 19 months old. She has her father's last name on her SSC but he wasn't at the hospital to sign the birth certificate so I didn't get one there. She still doesn't have one. We have no legal custody agreement but I take care of her and pay for her. He takes her one night a week if its at his convenience but I send her with everything she needs. I want to move out of state (to Florida most likely) and I want to know what would happen if I do so. I'd also like to change her last name.

 

[Proserpina]

I live in Virginia. My daughter is 19 months old. She has her father's last name on her SSC but he wasn't at the hospital to sign the birth certificate so I didn't get one there. She still doesn't have one. We have no legal custody agreement but I take care of her and pay for her. He takes her one night a week if its at his convenience but I send her with everything she needs. I want to move out of state (to Florida most likely) and I want to know what would happen if I do so. I'd also like to change her last name.

You can move out of state, and he can immediately file in court to have the child returned pending a custody hearing.

What's the big rush, and why do you want to change her last name?

 

[Zigner]

If you feel that she should have the same last name as you, then that's an easy fix. Just change your last name to match her.

 

[MoonMommy]

My living situation is unhealthy and stressful. I have a place to stay with a long time family friend in Florida to get on my feet and a potential job. The name change isn't urgent. I just want her to have my last name because I do everything for her, and her father and I were never married.

 

[Zigner]

My living situation is unhealthy and stressful. I have a place to stay with a long time family friend in Florida to get on my feet and a potential job. The name change isn't urgent. I just want her to have my last name because I do everything for her, and her father and I were never married.

Great - see the logical solution above.

 

[Proserpina]

My living situation is unhealthy and stressful. I have a place to stay with a long time family friend in Florida to get on my feet and a potential job. The name change isn't urgent. I just want her to have my last name because I do everything for her, and her father and I were never married.

Agree with Zig. Change your last name to hers. Problem solved.

Now. When you say your living situation is unhealthy and stressful, have you asked Dad if he'd take custody so you can get yourself situated elsewhere?

 

[latigo]

You can move out of state, and he can immediately file in court to have the child returned pending a custody hearing. . . . .

Would you care to explain with supporting legal authority how with the mother an child ensconced in Florida that a Virginia court, or one of any other state, might lawfully exercise the extraterritorial in personam jurisdiction you are alluding to. And in effect "extradite" the l9month old from Florida.

Just how do you envision such a process of ordering the infant back to, say Virginia, might be implemented and enforced? UPS, Federal Express, United, Air Freight, U. S. Marshal Service?

Or you could simply admit that you know nothing of what you speak, have no legal credentials whatsoever and have thus irresponsibly misinformed the OP into believing that even in the absence of an existing enforceable custody placement order prohibiting it, she is not free to move and remain with her daughter in Florida or elsewhere.

 

[Proserpina]

Would you care to explain with supporting legal authority how with the mother an child ensconced in Florida that a Virginia court, or one of any other state, might lawfully exercise the extraterritorial in personam jurisdiction you are alluding to. And in effect "extradite" the l9month old from Florida.

Just how do you envision such a process of ordering the infant back to, say Virginia, might be implemented and enforced? UPS, Federal Express, United, Air Freight, U. S. Marshal Service?

Or you could simply admit that you know nothing of what you speak, have no legal credentials whatsoever and have thus irresponsibly misinformed the OP into believing that even in the absence of an existing enforceable custody placement order prohibiting it, she is not free to move and remain with her daughter in Florida or elsewhere.

I simply must quote this for posterity.

You ought to try harder to distinguish your elbow from the place your words appear to originate.

 

[cheesecake46580]

Basic info on the topic that may be useful
http://www.womenslaw.org/laws_state_type.php?id=152&state_code=VA&open_id=all#content-13451

special attention to this part
The mother's legal relationship to the child is automatically established when the child is born.*1
In order for the father to establish a legal relationship with the child, he will have to establish what is called paternity (legal fatherhood). This can be established by

this part
The mother's parental/custodial rights may continue until a court says otherwise.

so basically he has no rights until it's established. Talk with an attorney and see if you would be free to move. At this point he has not rights so it's kind of a 50/50 crap shoot talk to an attorney.

Be aware and prepared that if he files he will get parenting time that's a given and long distance situations can suck for you and your little one.

 

[stealth2]

Would you care to explain with supporting legal authority how with the mother an child ensconced in Florida that a Virginia court, or one of any other state, might lawfully exercise the extraterritorial in personam jurisdiction you are alluding to. And in effect "extradite" the l9month old from Florida.

Just how do you envision such a process of ordering the infant back to, say Virginia, might be implemented and enforced? UPS, Federal Express, United, Air Freight, U. S. Marshal Service?

Or you could simply admit that you know nothing of what you speak, have no legal credentials whatsoever and have thus irresponsibly misinformed the OP into believing that even in the absence of an existing enforceable custody placement order prohibiting it, she is not free to move and remain with her daughter in Florida or elsewhere.

Instead of imitating an unspayed female dog poorly, perhaps you would like to answer OP's questions yourself?

Why is "Let It Be" running through my head?

 

[SESmama]

Would you care to explain with supporting legal authority how with the mother an child ensconced in Florida that a Virginia court, or one of any other state, might lawfully exercise the extraterritorial in personam jurisdiction you are alluding to. And in effect "extradite" the l9month old from Florida.

Just how do you envision such a process of ordering the infant back to, say Virginia, might be implemented and enforced? UPS, Federal Express, United, Air Freight, U. S. Marshal Service?

Or you could simply admit that you know nothing of what you speak, have no legal credentials whatsoever and have thus irresponsibly misinformed the OP into believing that even in the absence of an existing enforceable custody placement order prohibiting it, she is not free to move and remain with her daughter in Florida or elsewhere.

I am sorry but I HAD to laugh at this! So many big words, oh my!

 

[LdiJ]

Would you care to explain with supporting legal authority how with the mother an child ensconced in Florida that a Virginia court, or one of any other state, might lawfully exercise the extraterritorial in personam jurisdiction you are alluding to. And in effect "extradite" the l9month old from Florida.

Just how do you envision such a process of ordering the infant back to, say Virginia, might be implemented and enforced? UPS, Federal Express, United, Air Freight, U. S. Marshal Service?

Or you could simply admit that you know nothing of what you speak, have no legal credentials whatsoever and have thus irresponsibly misinformed the OP into believing that even in the absence of an existing enforceable custody placement order prohibiting it, she is not free to move and remain with her daughter in Florida or elsewhere.

Please go read the UCCJEA.

 

[Just Blue]

Please go read the UCCJEA.

ahem...I don't think latigo has time...Looking up big words in his legal dictionary takes a LOT of time.

 

[anisaerah]

Can a father who is not on the birth certificate, and has no legal or physical custody at the time of a move, actually be successful in getting a court to force the mother to return the child she had sole custody of when she moved?

My understanding was that if paternity and custody have not been established, mom can move wherever because she has sole custody, and is the sole legal parent.

 

[Just Blue]

Can a father who is not on the birth certificate, and has no legal or physical custody at the time of a move, actually be successful in getting a court to force the mother to return the child she had sole custody of when she moved?

My understanding was that if paternity and custody have not been established, mom can move wherever because she has sole custody, and is the sole legal parent.

Of course she can move ...And Dad can of course file for custody/visitation, JLC, and the child to be returned to the home state till custody is resolved.