Can My Husband Stop Me From Moving My Daughter and I Out-of-State?

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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.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.



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Author: House Attorney