I am legally married and I am trying to move to a different state because I believe my marriage is no longer working out. We have a son but he never recognized him legally as his son to this day, he is no where on his birth certificate. Only my name appears, the "father" section was left blank. My son is now 7 years old and I would like to relocate to a different state and I need to know if he can take any sort of legal action against me using my son?
If you move without the father's written consent or a court order, you can be criminally charged and your spouse can move to have the child returned to NV to HIS custody. Your post raises many questions, including how you got away without listing a father on the child's birth certificate if you were married at the time the child was born (the husband must legally be named as the father and is legally presumed the father), and why you are still married and not getting divorced. You are required to ask for the father's consent before you file court papers asking to move. If you cannot get consent, you might as well file for divorce as that or legal separation is the only vehicle available for the court to hear your request to move. Before you do anything, however, you need to consult with an attorney in your area (many offer free consultations) as there are details and technicalities in this that you need to know.
Responses are for general information purposes only, and are based on the extremely limited facts given. A consultation with an attorney experienced in the area of law(s) indicated in the question is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature to the question asked and the fact(s) presented in that question. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP, particularly considering that the names of the parties are unknown.
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