Does Having the Father’s Name on the Birth Certificate Make A Difference If I Leave the State?
|
Two weeks after I found out I was pregnant I found out my boyfriend was using drugs and I asked him to move out and we broke up. My question now is, if I put his name on the birth certificate so my child will have access to his fathers identity when he or she grows up, can I still move back to California to be near my family after the baby is born without having to worry about future kidnapping charges? Even though right now the father doesn’t appear to be concerned about either of us, people do change and I don’t want to have to worry about him coming after me someday. |
“I live in New Mexico and got pregnant in July 2006. Two weeks after I found out I was pregnant I found out my boyfriend was using drugs and I asked him to move out and we broke up. Since then he has been arrested and is in jail. My question now is, if I put his name on the birth certificate so my child will have access to his fathers identity when he or she grows up, can I still move back to California to be near my family after the baby is born without having to worry about future kidnapping charges? Even though right now the father doesn’t appear to be concerned about either of us, people do change and I don’t want to have to worry about him coming after me someday. Is it a bad idea to put the name on the birth certificate? I am not worried about child support because I am a nurse and can afford to take care of this child on my own. Please help!”
I think you are looking out for your child when you want him/her to know their heritage. Merely having the name on the birth certificate will not lock you into staying in New Mexico. If ever a paternity case is filed to establish parental rights and responsibilities, in your case one of the over-riding factors may be the status quo - what has been going on. If he takes no part in child’s life, then he would have little grounds to block a move. Parental neglect is a factor considered in many states.
AND even if his name was not on the birth certificate, he could still seek his parental rights. So if father ever wants to go that way, and become an active part of child’s life (usually a good thing!) he’d be able to do that no matter what that piece of paper says (unless there is some other presumptive father in the picture, who is in your child’s life).
My Ex Signed my Child’s Birth Certificate, But he isn’t the Biological Father, What Should I do About Correcting Paternity and Child Support?
As the Biological Father, Do I Need to Sign the Birth Certificate if the Child already has My Last Name?
Can a Married Woman Give Her Unborn Child Her Maiden Name, and Name the Real Father on the Birth Certificate?
For more on this subject check out these categories: Family Law, Parental Kidnapping, Move Aways & Relocation
Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.