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Can a father keep the child from the mother if a DNA test was taken on our own proving him to be the father?

Jacksonville, FL |

His name is not in the birth certificate but we took a DNA test on our own. Nothing was ever filed through courts. I did apply for child support and provided them with a copy of the DNA test we took on our own. She was born in New York and has since resided with me her mother. I've raised her the two years of her life in New York. He paid child support voluntarily on his own to me. I moved to Florida where he lives in October 2012 and have since allowed him to take her for the weekends. I have a job opportunity in Atlanta Georgia and told him I'm going to move there. He took her yesterday for the weekend and then told me he isn't letting me take her. He has known her only the time we have been here in Florida which is less than 6 months. Child support never got back to me about application

Attorney Answers 3


  1. You need to speak with a good attorney to file a petition for custody and to relocate to GA ASAP! You might want to go to the police in the meantime as he is not the legal father and is withholding the child wrongfully under any interpretation.


  2. Until a Petition to Establish Paternity is filed with the Court, your child's father has no rights whatsoever. He can not keep your daughter from you and you can move to GA.


  3. I agree with Mr. Trabin's comment and Ms. Jacobs' answer in that the biological father currently has no rights to the child. If you're going to move to Atlanta, there is nothing to stop you so long as you do it before he starts any legal proceedings to establish his Paternity and ensuing rights.

    This response is for general purposes only and does not establish an attorney-client relationship. You should contact an attorney to fully discuss your issues.

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