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If the father and I were never married, theirs no court order...

can I take my son out of state? He is on the birth certificate, but were not even sure if he's the real dad. I was raped before I got pregnant (my ex and I did have sex around that time too) can he do anything if I left from AZ to TX. He has a drug charge pending on him, and I strongly believe he's doing meth again, either way I fear to have my son around him. Especially after all the treats he's made towards me while I was pregnant etc

Answer Question

Asked by Anonymous at 1:09 PM on Mar. 5, 2010 in General Parenting

Answers (10)
  • I think you should talk to a laywer who might recommend getting a dna somehow. If ex is not birth father you have nothing to worry about. If ex is birth father he can create if he wants a big problem for you no matter there's no court agreement or not.
    Just call legal aid or a lawyer's office -sometimes you can get a free telephone consult.

    Answer by Anonymous at 1:12 PM on Mar. 5, 2010

  • Then you can go where ever you choose. In order for him to gain custody of the child he'll have to hire a lawyer and take you to court and it costs a lot of money

    Answer by Anonymous at 1:12 PM on Mar. 5, 2010

  • go to and link on KNOW THE LAWS for your state you want to leave. You let him put his name on the BC so he now is the legal father. If you had given the child your name you wouldn't have to tell him anything without a dna test proving he is the father. You made him the father by letting him on the bc

    Answer by Anonymous at 1:14 PM on Mar. 5, 2010

  • Custody battles can be brutal while custody itself is being figured out. Just call a lawyer or your county legal aid. Then you'll know your rights for sure. Better safe than sorry.

    Answer by Anonymous at 1:16 PM on Mar. 5, 2010

  • If he is on the birth certificate, he is the father until DNA proves him otherwise.

    Answer by happytexasCM at 1:57 PM on Mar. 5, 2010

  • I agree with 1:14 ... know the laws for YOUR state... every state is different... and follow them... not doing so can cost you custody down the line (it did for a friend of mine who had been a SAHM all hr dd's life)

    Answer by Anonymous at 2:34 PM on Mar. 5, 2010

  • You can take your son out of state as long as there is not an order stating that you can't. If he is in trouble with the law, he is probably going to worry about his own butt before worring about your child. If he is convicted you should use that to your advantage. Do learn all the laws that apply. Best wishes.

    Answer by Anonymous at 2:35 PM on Mar. 5, 2010

  • You should be able to whatever you please, Him being on the BC doesnt (in TX at least) automatically give him any rights. Even my court order in TX allows for me to decide on the residence of my child without restrictions because my ex didnt request them.

    Answer by AMsMommy212 at 3:01 PM on Mar. 5, 2010

  • As long as there is no court order saying that you can't, then you can take your son where ever you want.

    Answer by motherofhope98 at 6:58 PM on Mar. 5, 2010

  • I'm from Az to and I went through this with Dh taking dd on vacation(before we were married.). I had to allow it. If I didn't it was kidnapping unless he took me to court. Though it is a mother state so it might be diff. Also if you are moving it could be kidnapping. I don't know talk to a lawyer. It's your best bet. If you ever need some one to talk to PM me. GOOD LUCK

    Answer by hot-mama86 at 5:42 AM on Mar. 7, 2010

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