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no court ruling, never married to father


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#1 lcarter

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Posted 21 October 2009 - 10:34 AM

My questions are:


Am I the legal custodial parent of my daughter?
I was never married to her father, although he is on the birth certificate, & he had a DNA test done to prove that she is his.


Can I move out of state [I live in North Carolina] without his permission?


Can I have him arrested if he takes her without MY permission?


What are HIS rights, does he have ANY?


She is 8 years old, and though he has given us money for support, and I have allowed him to visit her in my home {only}, we have never been to court or signed ANY legal papers.


 



#2 Fallen

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Posted 21 October 2009 - 11:03 AM

Clearly you're the custodial parent, but that doesn't mean he cannot file a petition in the relevant family court to seek a custody order.


"Can I move out of state [I live in North Carolina] without his permission?"

Sure, but again, doesn't mean he cannot file a petition to have a court order that you return the child to the state he files in.


"Can I have him arrested if he takes her without MY permission?"

We cannot know what local law enforcement might do when you say that there's no court order on who has custody.


"What are HIS rights, does he have ANY?"

Er, he's her father, right?  As such, he has the same rights you do.


Seek local family law counsel.


I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#3 littlemsmom05

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Posted 22 October 2009 - 12:06 AM

I don't know about NC laws but in VA he has just as much right to the child as your since he is on the birth certificate.  My son was born before  we got married and his father was on the certificate and he broke up for awhile and a lawyer told me I still had to file for custody because he had just as much legal right as me and it was treated just like we were married as far as custody.  I had to file papers at the courthouse for custody and support just like I did once we did get married but of course it ended in divorce!

#4 pg1067

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Posted 22 October 2009 - 02:28 AM

"we have never been to court or signed ANY legal papers."


It would have been nice if you had put this at the beginning of your post rather than the end.


Unless having his name on the birth certificate carries some legal significance in NC (e.g., if either or both of you signed some acknowledgment of paternity in order to make this happen), you are the only legal parent, and he has no enforceable rights.  Of course, he can go to court at any time to establish paternity and seek orders regarding custody, visitation, and support.






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