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  1. #1

    Default Fathers Rights if Not on Birth Certificate

    My question involves a child custody case from the State of: Colorado


    What rights does the father have if his name is not on the birth certificate? My daughter has his last name, and I have filed for child support. Its my understanding that only if he denys paternity will we have to do the DNA test, and if either one of us contest the child support amount will we go to court. I took my daughter out of state on vacation and he says that is "kidnapping" even though he is not on the BC. We are both in full agreement that she is his child. I would like to move out of state with her, is there anything he can do to stop me? He is in no position to even have custody, as he lives with his girlfriend and she dosent like his kid over. I have full custody and is her sole provider, and would raise her better in my homestate with my family. Is he just trying to scare me by saying Im kiddnapping her? Thanks

  2. #2
    Join Date
    Jan 2006
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    Default Re: Fathers Rights if Not on Birth Certificate

    What rights does the father have if his name is not on the birth certificate?
    Was there any action to prove paternity? If not, legally, there is no father.

    If he is not the legal father, he has no rights until such time he is adjudicated to be the father. It was not kidnapping for you to take your fatherless child out of state.

    I would like to move out of state with her, is there anything he can do to stop me?
    Possibly. If he files to have paternity proven, he can ask the courts to not allow you to take the child out of state. It would be up to the courts to allow or deny the move. Depending on the reasons, you might find yourself staying in Colorado, or, at least your child anyway. If the court orders the child remain in Colorado, you could leave but the child would have to stay.

    I have full custody
    by whose order or by what right?

  3. #3

    Default Re: Fathers Rights if Not on Birth Certificate

    She lives with me 365 days a year, I thought that is full custody.

    Also HE would need to file for paternity? What if we were to move before he did that? Would we be forced to come back?

  4. #4
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    Default Re: Fathers Rights if Not on Birth Certificate

    dontmesswithmom;501567]She lives with me 365 days a year, I thought that is full custody.
    I was speaking to a situation where there are two legal parents. Custody would have to be ordered by the courts. In this case, you have full custody by the simple fact there is no other parent to share custody with.
    Also HE would need to file for paternity?
    he can or you can.

    What if we were to move before he did that? Would we be forced to come back?[
    Possibly. If he files before residency is established in the other state, he would surely be within his rights to ask the court order the return of the child.

  5. #5

    Default Re: Fathers Rights if Not on Birth Certificate

    Possibly. If he files before residency is established in the other state, he would surely be within his rights to ask the court order the return of the child.[/QUOTE]

    how long does it take to establish residency in a different state?

  6. #6
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    Default Re: Fathers Rights if Not on Birth Certificate

    Quote Quoting dontmesswithmom
    View Post
    Possibly. If he files before residency is established in the other state, he would surely be within his rights to ask the court order the return of the child.
    how long does it take to establish residency in a different state?[/QUOTE]depends on the state but many seem to pick 6 months as the time required to establish residency.

  7. #7
    Join Date
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    Default Re: Fathers Rights if Not on Birth Certificate

    Quote Quoting dontmesswithmom
    View Post
    how long does it take to establish residency in a different state?
    Wyoming and Kansas require that you reside within the state for a mere 60 days to establish residency.

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