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Can I move out of state with my child and family if the biological father has not petioned for paternity?

Seattle, WA |

My son is 3 years old. He was born out of wedlock, and conceived while I was still married to my husband. My husband and I ended up reconciling our differences, and stayed together, raising my son as his own. The biological father has been in his life a little bit over the past 3 years, and has paid some child support. Neither visitation or child support was ever court ordered and he never established paternity in the courts. My husband is listed as the father on the birth certificate. My husband is military and we are due to be restationed this summer to the east coast. Since my husband is the legal father via birth certificate and the fact that we were married at the time of conception and birth, can I legally take my son and move without permission from the biological father?

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Attorney answers 1


If the father's payment of support and visitation have indeed been 100% voluntary and no order regarding paternity was ever entered naming him the father and the child is over age 2, then you can relocate without notice to him because he has no legal parental status regarding the child and the deadlines to change this situation have likely expired. A good resource for you to review is at Washington Law Help. Here is the link to the specific Washington Law Help document that talks about establishing or challenging paternity.

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