Can I Disestablish Paternity from My Daughter's Abusive Non-Bio Father

[412girl]

My question involves paternity law for the State of: PA

My ex signed a acknowledgement of paternity and birth certificate 5yrs ago even though i told him he was not my daughters father. After he moved in with us he became verbally emotionally abusive until I finally made him leave after 4 yrs. Now every weekend my daughter cries she doesnt want to go to his house but according to the custody order I have to send her. I told him I was going to file for disestablishment of paternity but he just laughed and said I can't do that. I would like to move to NJ where my family is and to get myself and my daughter away from him but he told me I cant leave the state. Is what he is saying true that me and my daughter are trapped?

[aardvarc]

even though i told him he was not my daughters father

Then the time for you to have challenged this was way back then, or at least during the custody hearings. If you didn't do that, then yes, you are in all liklihood stuck with him remaining the child's legal father. The court doesn't play the game of "he's good enough to be the father until he does something bad, then I'll get him removed". Once you've accepted him as the legal father, including through the processes of custody and child support, it's usually a done deal. The actual biological father MAY have standing to seek paternity/visitation, but even if this man comes forward, the court may STILL not order a change, since this man is the only father the child has ever known.

I would like to move to NJ where my family is and to get myself and my daughter away from him but he told me I cant leave the state. Is what he is saying true that me and my daughter are trapped?

You need to read your custody order and abide by whatever it says. Typically, yes, you'll need permission from dad and/or the court to move the child away - and, if you are the one creating the distance by moving, you can anticipate that you'll be responsible for the majority of travel costs to send her for visitation. If you move without that permission, the court can order that the child be returned to the state, even placed into dad's care, while the hearings for change of custody take place. You really need to speak to an attorney before you do ANYTHING - there are lots of ways you can make this worse while thinking you'll make it better.