Can my daughter move out d state without her child’s father’s permission if he is not on the birth certificte?

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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 8 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.


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