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lcarter

no court ruling, never married to father

4 posts in this topic

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 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.

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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 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.

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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!

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"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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