What are my rights?

[CaramelS]

I am a unwed mother of a 6 yo boy. His father just recently got out of jail and is on parole. I want to move from NY to another state, but don't want the father to know where I live. The father's name is not on the birth certificate. If I move what can he do to me legally? There was never a paternity test done, but I know that he is the father and he never disagreed that is is not the father. He does not pay child support, but we have never been to court for anything. We as the parents don't get along, because he is abusive and controling. He abused me but never my son. What are my rights as the mother that has taken care of my son all of his life?

 

[LadyBlu]

I am a unwed mother of a 6 yo boy. His father just recently got out of jail and is on parole. I want to move from NY to another state, but don't want the father to know where I live. The father's name is not on the birth certificate. If I move what can he do to me legally? There was never a paternity test done, but I know that he is the father and he never disagreed that is is not the father. He does not pay child support, but we have never been to court for anything. We as the parents don't get along, because he is abusive and controling. He abused me but never my son. What are my rights as the mother that has taken care of my son all of his life?

You can move to wherever you wish until there is a court order telling you not to. But, be warned, if he petitions the courts in NY for paternity, then he canget a default judgement against you and possibly win custody if the court is unable to contact you. So, when you move and after you have established residency, you can petition the court to establish paternity and support. If there is a documented history of physical abuse then the courts will not release your address to him.

 

[Ambr]

If his name is not the birth certificate, he will have to establish paternity before he can establish his rights.

legally, he can get a lawyer and establish his paternity rights. this would enable him to establish some form of visitation and support. when you go to court, they will arrange custody. more than likely, that would not be a problem for you. you have been the primary caregiver for so long, but he will receive visitation rights.

once a custody/visitation order is established, most states require a written notice of any relocation, but especially an out of state relocation. usually it is due 60 days in advance of the move and the noncustodial parent has 30 days to file a motion to stop you. the notice has to contain the future residence and contact information. you will then have to verify why you want to move. most states have an outline of what is "acceptable" reasoning. "it must be for the betterment of the child." if he contests it, a judge will make the final decision. if he decided against the move, then you can't move.

when the rights get established, you will always have to give him current information. address, phone number, etc..

check with a local attorney to be sure, most will give you a free consultation.

good luck!

Ambr