Single Mom Wants to Leave State

[fmil]

What is the name of your state? IL

My daughter wants to move from IL to CA with her almost-two month old son. They live with us, and we're moving to CA, she wants to go too. She and the father were never married, broke up 3 months before the birth. He's involved minimally (sees the baby every several days or so). His name is not on birth certificate. Can he stop the move? What are my daughter's rights and options.

Thanx.

 

[LdiJ]

What is the name of your state? IL

My daughter wants to move from IL to CA with her almost-two month old son. They live with us, and we're moving to CA, she wants to go too. She and the father were never married, broke up 3 months before the birth. He's involved minimally (sees the baby every several days or so). His name is not on birth certificate. Can he stop the move? What are my daughter's rights and options.

Thanx.

How old is your daughter? How old is dad? That could make a difference.

Your daughter is free to move since at this point he is not legally the father of the child. However, he can rush to court to establish paternity/visitation/custody and possibly stop her move, at least on a temporary basis. Or if he doesn't do it before she moves, he can establish jursidiction in IL which could mean that your daughter would be ordered to return the child to IL.....or at least have to return periodically for court.

Your daughter really needs to at least consult with a local attorney.

 

[fmil]

Sorry -- I got one important detail wrong -- the father's name is on the birth certificate. He's almost 23, and my daughter is 21. How much does his name on the certif complicate matters?

Thanx for the rapid reply!

 

[stealth2]

Your daughter may need to start separating from you. 'Cause if the baby-daddy works it right... she ain't goin' to Cali with y'all.

 

[ceara19]

Sorry -- I got one important detail wrong -- the father's name is on the birth certificate. He's almost 23, and my daughter is 21. How much does his name on the certif complicate matters?

Thanx for the rapid reply!

His name being on the BC has no impact one way or the other. Since his name IS on the BC, more then likely they signed an AOP at the hospital to establish him as the LEGAL father.

She needs to take stealth's advice and start becoming independent from you or give the baby to daddy. Although he can't stop your daughter from moving, he can stop her from taking his son with her. She will have a VERY hard time convincing a judge that moving to Cali to because YOU are moving is in the best interests of the child.

 

[Gracie3787]

Sorry -- I got one important detail wrong -- the father's name is on the birth certificate. He's almost 23, and my daughter is 21. How much does his name on the certif complicate matters?

Thanx for the rapid reply!

Is there any court orders at all? CS or custody/visitation? If there is, your daughter needs to read the COs to see if there's a clause in them about moving. If no court orders exist she should be aware that the Dad has the right to file to establish paternity, CS and visitation and to prevent your daughter from taking his child out of state.