Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
My husband and I have a two-year-old daughter together, her birth was before we were married and he never signed the birth certificate. Does he have any rights to her if I choose to move out-of-state during our divorce? Can he stop me from moving out-of-state? I was offered a better job at two dollars an hour more, and I was pre-qualified for a house of my own. I would also be living in the state where I was born and where most of my family resides as well.
Typically, when a child is born during a marriage, the spouse is considered to be the biological father (hence granting him parental rights). Since your child was born prior to marriage, and her father was not stated on the birth certificate, your husband will not have parental rights.
Now, if you move out-of-state, your ex may file a parental rights petition in order to establish paternity and obtain custody. If this occurs, you will likely have to resolve the matter in your current state. If he waits several years to take action, the matter will likely have to be heard in the state of your new residence. If paternity is proven, and custody is sought, the court will likely grant some form of shared custody. You should talk to a local family law attorney for legal advice and guidance.
