Child Custody and moving out of state

[Kemera]

My girlfriend and I are planning on getting married next year (we think). I'm 24 and she is 23. She has a seven month old son she picked up on accident from an idiot she dated for a few months. I am planning on rejoining the military soon because I see it as an excellent way to provide for my family given the current state of the economy. I was in the Marine Corps now I am going to join the Air Force. Consequently she is going to have move out of state to live with me. I've never been in this situation before, but I suspect there are some legal hoops that we will have to jump through. Can anyone raise my awareness level of whats going to go down here? This is all in the state of Idaho.

 

[Duranie]

The father can dispute the move. Idiot or not, your girlfriend decided to have a baby with that man. As long as you are not married Dad has an easy case to fight it. Was paternity ever established? I know this must be a frustrating situation for you but I hope you treat the baby good. Alot of men would not want to be in your situation. Your girlfriend needs to read though her custody papers if she has any, and see what the rule is on moving. If Dad doesn't fight it then she is ok but if he does, mom will have to gt all of her ducks in a row. You have a long time of dealing with Dad so I suggest you try to get along with him. If he is not involved at all now, then you might even be able to adopt the child after you get married.

 

[Kemera]

He has two dui's and protentially one or two other run ins with the law in the last 2-3 years. He's also got some other problems.... he's both abusive and mentally unstable... I used the term "idiot" to be polite on these boards. I've been told that being married will greatly boost our case.. and we plan on getting married next year(ish) so that will probably happen before the move.

As of now they haven't been to court what so ever. So there is no paper work.

 

[Duranie]

Was paternity ever established? Again it doesnt matter of the fathers background. She still had a baby with him. The move may be granted if she can prove it is in the childs best interest but if he did not sign the birth paperwork or get a court DNA test, then he has no rights until paternity is established. So as long as he is not the legal father he has no rights.

 

[Kemera]

Let's assume that he is the legal father, but has no custody rights, because none have been awarded by the state.

Let's also assume she and I are married, and this is going to court. I'm not so interested in the custody agreement as her ability to: a) leave the state b) be the primary care giver, c) consequently have her son the majority of the time.