I want to move out of state. can my daughters dad stop us if her does not have legal rights to her..?

Question

I NEED TO MOVE OUT OF STATE CAUSE OF A DEATH IN THE FAMILY AND MY DAUGHTERS DAD IS TRYING TO STOP US FROM MOVING. HE IS NOT ON THE BIRTH CERTIFICATE AND HAS NO LEGAL RIGHTS. CAN HE STOP US FROM MOVING..

Answer 1

At 1st in Which  country you live? as Internet is world wide &  no specific country of you have  given.  At randaom to say, "YES" & NO, because, it may be true that, his name was not added in the birth cirtificate, it may be true that, he was not their during the birth or prior to that? But all these Questions has to be answered through new technics of DNA TEST. Irrespective of POSITIVE or Negetive the test. there are ampel ways to harrase per Legal wars, demanding the court til the clearence of all these un-answered Questions your Passport be impounded or handed over to some officials of your Area.  But these are all on the suppositions. and a Good lawer who has experiences and the back door tricks can do it.   At the same time since the matter is not at court from either side, just ignore and Leave out of state.  It might take some time to find out your new address to his lawer to serve the Notice.   Good luck  and all the best.  

Answer 2

If he has no legal rights, ignore him. He can petition the court and try to stop you that way, but you can get the jump and petition the court to enjoin him.

Answer 3

No, he can't legally stop you.  The only way he could have a say in your child's life is if he establishes paternity, then petitions the court for legal rights and pays child support.

Answer 4

Firstly you have not mentioned where in which country you want to seek this legal advice regarding the custody & guardianship issue of your child, however since this question of you’re appeared in Yahoo answers India I will consider this to be based in India & with regard to a Hindu family. The Hindu Minority and Guardianship Act, 1956 provides for the person who can enjoy the custody of the child as well who will be considered the natural father. Section 6 of this Act provides :- Natural guardians of a Hindu minor.- The natural guardians of a Hindu, minor, in respect of the minor's person as well as in respect of the minor's property (excluding his or her undivided interest in joint family property), are -

(a) in the case of a boy or an unmarried girl—the father, and after him, the mother: provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;

(b) in the case of an illegitimate boy or an illegitimate unmarried girl  -  the mother, and after her, the father;

(c) in the case of a married girl - the husband;

Provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section—

(a) if he has ceased to be a Hindu, or

(b) if he has completely and finally renounced the world by becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi)

Explanation.—In this section, the expressions 'father' and 'mother' do not include a step-father and a step-mother.

In your case it has to first issue to be checked if this father of your daughter is the natural father or he happens to be a step father as he came in your life after this daughter was born & was 9 months old. Even if he happens to the natural father then still since this daughter is minor less then 5 years of age the custody shall ordinarily be with the mother although he being the natural guardian; In case he challenges your custody he has to show & prove in the court that the Welfare of the Child is more if the child is in his custody rather then you which is the paramount consideration which any court will see while deciding this issue of custody of the child. In case he happens to be the step father & not the natural father then he has no right to be even the natural guardian of the child it will be you only the natural guardian for all purposes. There is a death in the family & you have to move out with your daughter for which there should not be any problem as you otherwise enjoy the natural guardianship & custody of your minor child of less then 5 years. I again make this point very clear this legal position is with regard to Indian Hindus.

Answer 5

Yes....ALL he has to do is get a dna test ordered by a court - thus proving he is daddy.  This is fairly easy to do these day due to the phenomenon of young ladies basically claiming they have slept with so many men that "unknown" is their best guess as to who is daddy.  Once he does this - you will look very bad for having "unknown" on a birth certificate when in fact it was never a mystery to anyone involved.  

You may get an injunction served on you prohibiting you from ever leaving the state with the child - even on a vacation - without his permission or that of a judge.  If you push this - and he has given you any support over the years, and he has an established relationship with the child - there is a very strong chance you will lose custody of the child, not to mention very harsh feelings from both the child and the child's father as the years go by.

He DOES have legal rights - and one of them was to have his name listed on the birth certificate.  Why exactly didn't you put him on it?  

Another point to ponder - if he has given you any money over the years, or clothes for the child, etc....and you have received government money for support of that child with "unknown" on the birth certificate - you just might find yourself having to pay back every single cent (plus fines, possible jail/prison time for welfare fraud) - to the government.  Just a thought.....

Why don't you two get married, fix that birth certificate - and then the three of you can work out those financial problems as you should have been doing since the day you two decided to create children?  Your child deserves it.

Another point to ponder - he has a very valid lawsuit against YOU - once he proves paternity....you may be making payments to him to the day he dies if he gets anykind of lawyer.  It is due him - you stole his rights to his child since birth - and now are planning to do it again.

Answer 6

If your daughter is still a minor,then you have a problem.But custody battles are generally long drawn

out legal wrangles.Your best bet would be to consult with an attorney who specialises in such cases and

start gathering evidence against the dad about his neglectful attitude etc.Move out of the state and from the new place serve him with divorce papers.Gird your loins for a long legal battle but you should file for custody at the new place.Then he will have to travel everytime a hearing is scheduled.All this should be done before he acts or reacts.Also file for a caveat

against the dad.Good Luck.