unmarried fathers rights

[kmeadows]

What is the name of your state? Indiana
My girlfriend and I have a child together. My name is on the birth certificate and the child carries my last name. What are my rights if my girlfriend wants to move to New York? We are still living together we have been together for over 6 years. My child is 5 years old and I am the primary care giver. She is always threating me with moving.

 

[SMURFEELAW]

That all depends on whether Indiana recognizes your name on the birth certificate as meaning you are legally the father, believe it or not some states require more, like a paternity test. But if they do then you need to file for visitation with your child and ask that the Court order a clause that the custodial parent cannot move from your state. You also need to file to start paying child support, if you have been keep all proof, receipts if cash and cancelled checks if done that way. You do have rights but you have to exercise them.

 

[LdiJ]

That all depends on whether Indiana recognizes your name on the birth certificate as meaning you are legally the father, believe it or not some states require more, like a paternity test. But if they do then you need to file for visitation with your child and ask that the Court order a clause that the custodial parent cannot move from your state. You also need to file to start paying child support, if you have been keep all proof, receipts if cash and cancelled checks if done that way. You do have rights but you have to exercise them.

In Indiana, in an unwed situation, the mother automatically has defacto sole custody until or unless a court says otherwise. Although Indiana recognizes legal fatherhood with the father's name being on the birth certificate, Indiana judges prefer to have a DNA test done anyway, and routinely rule accordingly.

Indiana also isn't very tough on move-away cases...and by law allows the cp to move up to 100 miles without permission from either the ncp or the court.
Therefore even if he gets a clause put in the visitation order restricting her to the state...that not a guarantee that a judge wouldn't give her permission to move with the child. It would depend on her reasons for moving.

 

[haiku]

In Indiana, in an unwed situation, the mother automatically has defacto sole custody until or unless a court says otherwise. Although Indiana recognizes legal fatherhood with the father's name being on the birth certificate, Indiana judges prefer to have a DNA test done anyway, and routinely rule accordingly.

Indiana also isn't very tough on move-away cases...and by law allows the cp to move up to 100 miles without permission from either the ncp or the court.
Therefore even if he gets a clause put in the visitation order restricting her to the state...that not a guarantee that a judge wouldn't give her permission to move with the child. It would depend on her reasons for moving.

than our OP should get into court to establish custody and visitation rights.

 

[Smarty Panties]

Although Indiana recognizes legal fatherhood with the father's name being on the birth certificate...

This isn't exactly correct. Having his name on a birth certificate doesn't necessarily establish paternity. But if a man holds a child out as his own (meaning acknowledges the child is his by his actions AND his name is on the BC) then Indiana does recognize him as the father without a signed AOP or DNA test. The rest I wholeheartedly agree with. Although, they are getting tougher on promoting fathers rights; in my county anyway.

 

[SMURFEELAW]

Again I state to the OP---> YOU DO HAVE RIGHTS, but you must exercise them by going to Court and filing for visitation and try to stop her from moving from your state or more than 100 miles. Although 100 miles isn't close if you two meet halfway it isn't all that much trouble when you are talking about seeing your child. Good luck to you and get your butt down to the Court house before she moves, establishes residency and files in her new state making you travel to see your child and to go to Court.

 

[PhyberDragon]

Request a Mediation proceeding from the Court to resolve the issue. You shouldn't stop her from going to where she will be happy, your concern here should be for reasonable time and access to your child. Mediation will help both parents resolve the matter on their own, and if the Court accepts their agreement, creates a legal and binding order imposing it. if the mediator finds an agreement cannot be reached, then an official legal proceeding in the matter will commence. If the mother leaves before a Mediation or Civil Action can be commenced- a Writ of Habeas Corpus with the Federal District Court will place the child with you until such a mediation or Civil Action may be had.
Good luck. I hope this has helped you some.

 

[SMURFEELAW]

Request a Mediation proceeding from the Court to resolve the issue. You shouldn't stop her from going to where she will be happy, your concern here should be for reasonable time and access to your child. Mediation will help both parents resolve the matter on their own, and if the Court accepts their agreement, creates a legal and binding order imposing it. if the mediator finds an agreement cannot be reached, then an official legal proceeding in the matter will commence. If the mother leaves before a Mediation or Civil Action can be commenced- a Writ of Habeas Corpus with the Federal District Court will place the child with you until such a mediation or Civil Action may be had.
Good luck. I hope this has helped you some.

Well I may be putting the cart before the horse b/c I don't know how old the child is or how long you have been an active part of the childs' life, who the primary caregiver is? So you are not married are you or were you living together with the child?
But I am goin gto disagree with PhyberDragon on this one. IF you have been active in this childs life you have every right to stop your g/f from moving with your child. If she decides her moving will make her happy and it is more important for her to find her happy spot tell her c-ya later but get the Courts' backing that she cannot take your child. Moms' happiness DOES NOT outweigh your right to have a relationship with your child. The further the distance the less time you will get with your child (in most cases) b/c of the travel time/expense. Either way no matter the decision you make fight the move, follow it or allow it you do need to get some sort of Court Ordered visitation (even if you are with her, your post seems to suggest she is still your g/f) although this may ruffle her feathers (more likely than not) but if she is threatening to move away with the child BOTH of you created then it may be time to ruffle them up. Good luck to you.

Just wanted to add that although mediation is ideal, often times when it comes to threats od leaving the parties are past the ability to mediate. OP we need more info to help you effectively

 

[VeronicaGia]

Request a Mediation proceeding from the Court to resolve the issue. You shouldn't stop her from going to where she will be happy, your concern here should be for reasonable time and access to your child. Mediation will help both parents resolve the matter on their own, and if the Court accepts their agreement, creates a legal and binding order imposing it. if the mediator finds an agreement cannot be reached, then an official legal proceeding in the matter will commence. If the mother leaves before a Mediation or Civil Action can be commenced- a Writ of Habeas Corpus with the Federal District Court will place the child with you until such a mediation or Civil Action may be had.
Good luck. I hope this has helped you some.

This is not about mom's happiness, it is about the child. What if mom's happiness included joining a cult where kids were married at age 9? Would that be ok because it makes mom happy?

She should have thought about her personal happiness before she had a child. Now, the child comes first.

To our poster: Get your behind down to court or to an attorney. File for custody, ask to have a 100 mile rule in the order, do it before she leaves.