Q: My ex boyfriend and I have a 3 month old. He is on the birth certificate as the child's father. What are my rights?
He is on the birth certificate as the father. A petition for custody has not been started yet and I am wanting to leave the state (2.5 hours away) with our son until/if the courts tell me I have to do otherwise, with the agreement that I would travel to allow weekly supervised visits between father and son. The father has no driver's license, but drives anyway. He is also an alcoholic who drives under the influence. I do not want my son around that type of behavior. Does the father have the right to tell me that I cannot leave the state? How do I go about alerting the courts/police departments of his illegal driving/driving while under the influence?
A: Until his rights are established in court, unwed fathers have no rights over their children, even if he is on the birth certificate. You may do what you wish. Now, once he seeks a paternity action in court, he could technically bring you back to the state, but that is rare, especially if you are willing to travel for regular visitation between the two of them. As far as alerting the police to his driving under the influence, if you know when he is driving around, call it in to the police and alert them to his whereabouts..
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