Minerva, OH asked in Child Custody for Ohio

Q: My child’s father is not on her birth certificate. I want to know if I can move states with her without his consent.

He doesn’t have a stable relationship with her, coming for a day or two and then leaving for a week or so. She calls for him constantly and whenever I try to speak to him about it, it turns into a huge argument. I want to move states and start fresh for my daughter and I. I just want to know if I can do it without his consent due to the fact that he is not on her birth certificate.

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Divorce Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: Name on birth certificate or not, does not matter. If you are not married to the father, then he has no parental rights until he files with the court, and the court grants him parental rights. So until then, mother has sole custody, and can move wherever and whenever she wants, without father's consent, and she can decide who has contact with child, or can prohibit contact. But if mother moves, father can then quickly file for parental rights, and if mother has not yet established residency in a new state for long enough time, then Ohio could still have jurisdiction, and an Ohio court could require mother to return the child to Ohio. Use the Find a Lawyer tab to consult a local family law attorney to review your situation and advise you.

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