Ok, so next year my Fiancee and I are moving with our two kids. My best friend, who has only one family member in the area, wants to move as well. Can she move her 4 year old as well?
-The Father isn't on the birth certificate
-They haven't been to court
-He really has nothing to do with her, only sees her on holidays
-Doesn't help financial at all
-His parents she her every other weekend
They could meet half way or set up an extended stay during summer. Am I right? If not he'd have to take her to court and then would be paying 4 years back pay. And he wouldn't get any rights because of his drugs use.
We are just concerned it'll go to court and they'll force her to move back. Can they do that?
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Right now as an unwed mother with no court order she has sole legal and physical custody. In fact if dad isn't on the BC and didn't do DNA there is NO father in the eyes of the law. So she is free to move wherever.
Dad's alleged drug use does not preclude his having rights. If he files before she moves, he will get rights to his child.