Helping a friend with a child.

PA: I have a friend (female) that has a baby boy (11 months old). She has been with the father for a little over two years but they are not married.

1. She wants to leave the relationship.
2. The father is not on the birth certificate.
3. Her son does not have his last name.
4. He is verbally abusive to her in front of the child.

My questions:

1. If she moves out of the state, and does not intend to seek support, does the father have any legal right to stop her?

2. If she stays in the area where the father lives, can/should she place a restraining order on him to make him leave her alone?

3. If she wanted to get married and have her son adopted, would the father have to sign paperwork even though he is not on the birth certificate?

Any info would be greatly appreciated.

[I AM ALWAYS LIABLE]

[quote]Originally posted by tldufour
[b]PA: I have a friend (female) that has a baby boy (11 months old). She has been with the father for a little over two years but they are not married.

1. She wants to leave the relationship.
2. The father is not on the birth certificate.
3. Her son does not have his last name.
4. He is verbally abusive to her in front of the child.

My questions:

1. If she moves out of the state, and does not intend to seek support, does the father have any legal right to stop her?

MY RESPONSE: Yes. All he has to do is file a Petition for custody before the new State obtains jurisdiction over the child. Then, in that case, she'll have to return with the child to the former State and defend.


2. If she stays in the area where the father lives, can/should she place a restraining order on him to make him leave her alone?

MY RESPONSE: Why? All because he's "verbally abusive"? That, even if successful, would do nothing about his parental rights.



3. If she wanted to get married and have her son adopted, would the father have to sign paperwork even though he is not on the birth certificate?

MY RESPONSE: Yes. See response to number 1, above.

IAAL

I will pass this info along to my friend. She moved back to her hometown this week. I will be sure to tell her to change her address.

Thanks again.

1. If she moves out of the state, and does not intend to seek support, does the father have any legal right to stop her?

MY RESPONSE: Yes. All he has to do is file a Petition for custody before the new State obtains jurisdiction over the child. Then, in that case, she'll have to return with the child to the former State and defend.

Another question on this subject:

When does the new state take over? Moving from PA to WI.

Thanks.