Can my daughter move out d state without her child’s father’s permission if he is not on the birth certificte?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my daughter move out d state without her child’s father’s permission if he is not on the birth certificte?
My daughter has been separated from her boyfriend for 3 months now. They have a 14 month old child together but the father is not on the birth certificate and has not played an active roll in the child’s life. She lives in Arkansas and wants to move back home to Texas. Can she do so without the fathers permission and does he have a right to file kidnapping charges on her? Again, he is not listed on the birth certificate but the child does carry his last name. Due to other legalities he was not legally able to be added to the birth certificate at the time of birth.
Asked on December 29, 2012 under Family Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The general rule is that if the parties are not married and there is no acknowledgement of paternity on file. the Mther is the only legal guardian of the child. Now, it is best that your daughter consult an attorney about doing this all legally becuse it is unclear to me if there is such an acknowledgement in place. He would then have rights and surely he could assert them any time he chooses. He may, though, be willing to let her go. There is also the issue of support that needs to be addressed. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.