Moving across state lines while pregnant

I was pregnant when I broke up with my boyfriend and moved back to the state I grew up in. I didn't put his father's name on the birth certificate and I'm not asking for child support. My question is can the father persue custody, if so in what state and can I give custodial rights to a family member if something happened to me in a way that he couldn't contest?

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by des:
[b]I was pregnant when I broke up with my boyfriend and moved back to the state I grew up in. I didn't put his father's name on the birth certificate and I'm not asking for child support. My question is can the father persue custody, if so in what state and can I give custodial rights to a family member if something happened to me in a way that he couldn't contest?[/b]<HR></BLOCKQUOTE>


My response:

Yes, the bio-father can pursue all of his parental rights. Now, that doesn't mean that everything he asks for will be granted, it just means he has a right to pursue that which is his to pursue.

Jurisdiction for child support, visitation rights, and custody immediately attach to the child when the child is born, and in the State where the child is born.

All the bio-father has to do is file a Petition in the State court where the child was born and where the child is currently residing, and request a paternity test. You will be compelled, by court order, to comply with such testing, or face contempt of court proceedings.

If paternity is established by, and ascribed to, the bio-father, he may then further Petition the court for child support, visitation, and/or custody. He cannot force you to move to his home State.

You cannot ever transfer the bio-father's rights of paternity to anyone (like Grandma), in order to keep the bio-father from seeing, or being involved in the life of, his child. You may give up your own rights, but not the father's rights pursuant to a recent United States Supreme Court decision - - unless:

1. The father voluntarily signs away his parental rights * and * there is someone else willing to adopt the child; or,

2. The court, for very good cause, has stripped the bio-father of parental rights (extremely rare, and the bio-father would have to be someone akin to "Jack the Ripper" for this to happen.

So, a provision, term or clause in your Will purportedly giving "Junior" to someone else at the time of your death, is completely voidable, and has no effect. Unless there is some overwhelming physical or mental incapcity of the surviving parent, the surviving parent always obtains custody upon the death of the other parent - - unless #1 or #2, above, occurs - - under the legal doctrine of "best interests of the child".

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited November 08, 2000).]

Sorry bout that IAAL, was replying same time you were..

[This message has been edited by Invisible Blonde (edited November 08, 2000).]

Thank you for replying so quickly. I'm also interested in knowing if time changes things? I called the bio-father when the baby was born but he has made no effort to see the baby and seems to want nothing to do with him. He would have to come from Texas to Ohio. I've heard if he doesn't make contact with in a year I can petition to get his rights permanently relinquished? Is this true? Again, thank you.