Can he prevent me from moving out of state even though he hasn't been there?

[whiteybulger]

I am currently thirty two weeks pregnant and am trying to plan when to file for child support. I told the father that I was pregnant with his child. One day he was fine with it, the next it wasn't his. He told me in text messages, which I have saved in my phone, that he "doesn't want to deal with this new and possibly foundationless stress right now in my life. If you want the paternity test, I will pay and take it and if it turns out that it's mine I will eat my words. But until April 1st [ my due date ], I don't want to deal with this right now." That is the last time I have heard from him. I tried talking to him that night but he wouldn't respond to other text messages or a phone call. So seeing as to how he hasn't been there the entire time, I'm guessing all he will get if he so chooses to fight a custody battle is visitation. Now here is where my question comes in. Since he doesn't want to take responsibility I need some help with this child as well as a support system. I am originally from Michigan and when my lease is up on July 31 of this year I am planning to move back to Michigan where my entire family is. As well as I don't want her brought up in the south. If he only has visitation, can he possibly prevent me from moving across the country? And if he can petition, would he win? Would it go to court? Is there any validity in a possible petition he might have? I don't use drugs, I have been going to NA, AA and CMA meetings religiously. I have been drug testing myself every two weeks since Jan 2 of this year in case of any custody battle. I have a stable job and home situation and am totally vested in her well being. And if he does have visitation rights, am I required to tell him before I move out of state? Please help! Oh, and I live in Georgia currently.
I understand that after paternity is established all this will come into play. And that is why I am asking if he can try to stop me from moving because then I won't file for child support after I move.

 

[jacksgal]

Until he is established as Father he has no rights! This means no support, visitation etc. It also means he cannot attempt to prevent your move. Once he is established as Father he can then pursue support, visitation even, custody.

 

[irish223]

If he files for paternity/visitation/custody before you move, then you can be required to leave the child if you move.

Also, since paternity hasn't been established, don't assume that he won't get joint custody after it's been established just because he hasn't been supportive during your pregnancy.

 

[Duranie]

Asa r ule of thumb, he can probably try to stop you from moving (once paternity is established) but if you can prove the move is in the childs best interest then your chances are pretty good. Once paternity is established and visitation is set up you might be on the hook for visitation expenses. honestly you would be better off moving before you have the baby. Once you move to the new state, you need to meet the residency requirements before anything is filed which is usualyl 6 months.

 

[Kaseynej]

If paternity is established and joint custody is alloted you can't move outside of 100 miles without his consent. Probably varies state to state though so I'd double check. Without established paternity he has no rights, but this also means no child support.

I had this concern also.

 

[ldc2]

Hello, from personal experience I would tell you to move out of state prior to going to court. If you want til the latter it would only cause problems.

Before establishing any paternity he has no rights whatsoever. So you can move out of state without him being able to do anything unless he petitions the court. I would advise (if you have not already gone to court or established paternity) for you to move out of the state (do not tell him - he has no rights at the moment so there is no reason). Then after you are settled if you still want to go ahead and take him to court.


Save and document any and all correspondence and any calls etc from him.



I made the mistake of staying in our state and then going to court and now it will be very hard for me to move out of state with my child even though the other parent is not involved. I regret this decision every single day.

edit - this is just my personal opinion and I do not mean to possibly offend anyone with it. This advice is not for everyone.