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Moving child out of state - (Virginia)

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  • Moving child out of state - (Virginia)

    So I have no family here in VA where my 4 month old baby is living. His dad and his family are involve in his life but no one has custody. Last year we went through some domestic stuff that was reported to the police but I dropped the charges and this year he's starting to he aggressive with me and even broke my phone. We don't love together just sometimes I stay at his house bc I didn't have a place to live. All of my family lives in New Orleans and are really worried about me and want me to to over there. Can I take the baby without telling his dad and filing for custody over there? What could happen if I take him? Someone told me that he could do the same and I wouldn't be able to do anything bc he's on the birth certificate and no one has custody. What do you guys advice me to do?

  • #2
    re: Moving child out of state - (Virginia)

    I wish to inform you that as the name of the father is on the birth certificate, you may not leave the state of VA with the child without the written consent of the father or a Court Order. If you do so otherwise it may amount to parental kidnapping.

    AFF

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    • #3
      Re: Moving child out of state - (Virginia)

      Originally posted by Jarixam View Post
      So I have no family here in VA where my 4 month old baby is living. His dad and his family are involve in his life but no one has custody. Last year we went through some domestic stuff that was reported to the police but I dropped the charges and this year he's starting to he aggressive with me and even broke my phone. We don't love together just sometimes I stay at his house bc I didn't have a place to live. All of my family lives in New Orleans and are really worried about me and want me to to over there. Can I take the baby without telling his dad and filing for custody over there? What could happen if I take him? Someone told me that he could do the same and I wouldn't be able to do anything bc he's on the birth certificate and no one has custody. What do you guys advice me to do?
      you have sole custody untill a court says otherwise-it would be a good idea however to get permission from the court to move the child. not telling his dad is not a good idea it would show the judge youre trying to cut dad out of the babys life and it could work,against you

      Comment


      • #4
        Re: Moving child out of state - (Virginia)

        Originally posted by Jarixam View Post
        So I have no family here in VA where my 4 month old baby is living. His dad and his family are involve in his life but no one has custody. Last year we went through some domestic stuff that was reported to the police but I dropped the charges and this year he's starting to he aggressive with me and even broke my phone. We don't love together just sometimes I stay at his house bc I didn't have a place to live. All of my family lives in New Orleans and are really worried about me and want me to to over there. Can I take the baby without telling his dad and filing for custody over there? What could happen if I take him? Someone told me that he could do the same and I wouldn't be able to do anything bc he's on the birth certificate and no one has custody. What do you guys advice me to do?
        Just the signing of birth certificate in Virginia is not proof of paternity. What needed to be done is sign an Acknowledgement of Paternity which both parents need to sign in front of a notary. This is usually done at the hospital. It can be done later, however, and sent to Vital Records either at Health Department Clinics and then sent to Vital Records, state office.

        Since this was not done, the father is not presumed to be the father under Virginia law and you may move out of state without concern. Secondly, the history of violence is an exception to interstate moves without the other parent's consent, even if he were legally the father. Violence is an exception to the Parental Kidnapping Act.

        The advice you were given is incorrect. You may consult with a domestic violence counselor who can refer you to free legal help if you wish before your move. Without the bio dad's support for you to remain in Virginia, considering that you need support from family, then factor in the violence, even if you ended up in court, your move would be approved. But since there was no Acknowledgement of Paternity, you are free to move if you wish.

        Comment


        • #5
          Originally posted by Friend In Court
          Just the signing of birth certificate in Virginia is not proof of paternity. What needed to be done is sign an Acknowledgement of Paternity which both parents need to sign in front of a notary. This is usually done at the hospital. It can be done later, however, and sent to Vital Records either at Health Department Clinics and then sent to Vital Records, state office.

          Since this was not done, the father is not presumed to be the father under Virginia law and you may move out of state without concern. Secondly, the history of violence is an exception to interstate moves without the other parent's consent, even if he were legally the father. Violence is an exception to the Parental Kidnapping Act.

          The advice you were given is incorrect. You may consult with a domestic violence counselor who can refer you to free legal help if you wish before your move. Without the bio dad's support for you to remain in Virginia, considering that you need support from family, then factor in the violence, even if you ended up in court, your move would be approved. But since there was no Acknowledgement of Paternity, you are free to move if you wish.
          No one signs a birth certificate. It is a misnomer used by lay-types. In order for dads name to be on the birth certificate (lacking court action) is to sign the AOP. Clearly this was done.

          Unfortunately OP withdrew her DV complaint. This will make it harder for her to prove she was in a violent situation.

          Comment


          • #6
            Originally posted by Friend In Court
            Just the signing of birth certificate in Virginia is not proof of paternity. What needed to be done is sign an Acknowledgement of Paternity which both parents need to sign in front of a notary. This is usually done at the hospital. It can be done later, however, and sent to Vital Records either at Health Department Clinics and then sent to Vital Records, state office.

            Since this was not done, the father is not presumed to be the father under Virginia law and you may move out of state without concern. Secondly, the history of violence is an exception to interstate moves without the other parent's consent, even if he were legally the father. Violence is an exception to the Parental Kidnapping Act.

            The advice you were given is incorrect. You may consult with a domestic violence counselor who can refer you to free legal help if you wish before your move. Without the bio dad's support for you to remain in Virginia, considering that you need support from family, then factor in the violence, even if you ended up in court, your move would be approved. But since there was no Acknowledgement of Paternity, you are free to move if you wish.

            So I am allow to move and file for custody and my new state and child support? He took everything from me btw, the birth certificate and social security card. And what do you mean about him being violent? Would he still get to see the baby or would I just get child support?

            Comment


            • #7
              Re: Moving child out of state - (Virginia)

              Originally posted by Jarixam View Post
              So I am allow to move and file for custody and my new state and child support? He took everything from me btw, the birth certificate and social security card. And what do you mean about him being violent? Would he still get to see the baby or would I just get child support?
              Yes, you should be able to move out of state from the facts you stated. But do get legal advice before you do, like from Legal Aid. If referred as a domestic violence victim (get copy of police reports if any were filed, for you will need them), you will be given priority on being seen.

              Establishing the history of domestic violence is important for any action for custody you would file for the Uniform Child Custody Jurisdiction Enforcement Act requires that one be in a state for at least six months before filing for custody, then that state will be the 'home state' for purposes of determining custody.

              Fleeing domestic violence is an exception to Parental Kidnapping Act and the 'home state' rule of the UCCJEA. It needs to be properly presented to the court, however, or else the court would fall back on the UCCJREA and say, "go back to Virginia." You don't want that, which is why I suggested you get legal assistance and advice before you move.

              As to visitation, that is decided by the facts of each case. Should you move to another state, visitation would have to take place there. With domestic violence backgrounds, it could be arranged as supervised at someplace other than your residence.

              Comment


              • #8
                Originally posted by Friend In Court View Post
                Yes, you should be able to move out of state from the facts you stated. But do get legal advice before you do, like from Legal Aid. If referred as a domestic violence victim (get copy of police reports if any were filed, for you will need them), you will be given priority on being seen.

                Establishing the history of domestic violence is important for any action for custody you would file for the Uniform Child Custody Jurisdiction Enforcement Act requires that one be in a state for at least six months before filing for custody, then that state will be the 'home state' for purposes of determining custody.

                Fleeing domestic violence is an exception to Parental Kidnapping Act and the 'home state' rule of the UCCJEA. It needs to be properly presented to the court, however, or else the court would fall back on the UCCJREA and say, "go back to Virginia." You don't want that, which is why I suggested you get legal assistance and advice before you move.

                As to visitation, that is decided by the facts of each case. Should you move to another state, visitation would have to take place there. With domestic violence backgrounds, it could be arranged as supervised at someplace other than your residence.
                I will seeked legal advise from Lawyers online through Avvo.com and they advise me to first get a court order to move and that I have good reasons to move

                Comment


                • #9
                  Originally posted by Jarixam View Post
                  So I am allow to move and file for custody and my new state and child support? He took everything from me btw, the birth certificate and social security card. And what do you mean about him being violent? Would he still get to see the baby or would I just get child support?
                  You already have custody. As an unwed mother you have sole legal and physical custody. You are free to move to be close to your family supports.

                  If dad wants rights to his child, then HE files for visitation/custody. You only need to file for child support.

                  Comment


                  • #10
                    Re: Moving child out of state - (Virginia)

                    If the biological fathers name is on the child’s birth certificate, then he will automatically be legally recognized as the child’s father. Therefore, in order to avoid problems later, you should probably petition the court to determine custody and for relocation of the child. In determining custody and relocation matters, the best interest of the child will always be considered. I strongly suggest that you contact an attorney and give him all of the facts surrounding your situation.

                    Comment


                    • #11
                      Re: Moving child out of state - (Virginia)

                      Originally posted by Friend In Court
                      Just the signing of birth certificate in Virginia is not proof of paternity. What needed to be done is sign an Acknowledgement of Paternity which both parents need to sign in front of a notary. This is usually done at the hospital. It can be done later, however, and sent to Vital Records either at Health Department Clinics and then sent to Vital Records, state office.

                      Since this was not done, the father is not presumed to be the father under Virginia law and you may move out of state without concern. Secondly, the history of violence is an exception to interstate moves without the other parent's consent, even if he were legally the father. Violence is an exception to the Parental Kidnapping Act.

                      The advice you were given is incorrect. You may consult with a domestic violence counselor who can refer you to free legal help if you wish before your move. Without the bio dad's support for you to remain in Virginia, considering that you need support from family, then factor in the violence, even if you ended up in court, your move would be approved. But since there was no Acknowledgement of Paternity, you are free to move if you wish.
                      then dad can run to court establish paternity and have the child returned.seems to me she is trying to keep the man she decided was good enough to be her child's father from seeing the child they created together and that can end up costing her custody

                      Comment


                      • #12
                        Re: Moving child out of state - (Virginia)

                        Originally posted by messyjessi View Post
                        then dad can run to court establish paternity and have the child returned.seems to me she is trying to keep the man she decided was good enough to be her child's father from seeing the child they created together and that can end up costing her custody
                        No, Jesse. The father cannot have the child ordered returned, cannot establish paternity long distance if she is out of the state. Further, domestic violence, abuse, which characterizes this relationship, is grounds to take up residence in another state -- an exception to the Parental Kidnapping Act and the UCCJEA -- even if paternity were established beforehand.

                        The bio father would play hell trying to make her return. The infant is 4 months old, as I recall.

                        Comment

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