Can I move my son and myself to another state if his father’s name is not on the birth certificate and he has little involvement in my child’s life?

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Can I move my son and myself to another state if his father’s name is not on the birth certificate and he has little involvement in my child’s life?

We have never been to court and never had a paternity test done. There are no agreements on child support or custody. My son’s father is a drug user with a criminal record and it is in my child’s best interests to reside with me. I am moving to start college and find work to provide my son with the best life I can. Will his father be able to keep me or my son in our current state if he demands a paternity test?

Asked on October 1, 2012 under Family Law, California

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there is not a court order in place which restricts you from moving, then yes, you can move with your child.  He could potentially file a paternity suit and ask the court to restrict your movement with the child, but if his history is bad and your move would represent a positive improvement for you and the child, then a court is not likely to place that type of restriction on you.... especially if his involvement up to this point has been minimal.


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