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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 22576
Experience:  Attorney with 14 years experience
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Can I leave the State? Washington State Resident. Unmarried.

Customer Question

Can I leave the State? Washington State Resident. Unmarried. Have 5mth old baby. I am living with the father. Issues in relationship that may become heated if/when I try to leave, so wanting to leave the State until he cools off.

He has not filed an Affidavit of Paternity. His name is XXXXX XXXXX the birth certificate, even though on the application of the birth certificate, he is listed as her father - for whatever reason, it didn't transfer over. She does share his last name. He is listed as her father on medical documents, and also when I applied for pregnancy medical.

She is nursed. Will not take bottle.

Can I legally leave? Does he have any rights over her? How can I best protect myself from dragging me back until I'm ready. He's rightfully territorial due to being her father - even if not an actively involved father, but he would try to come after me for just having left him, to be spiteful.
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.
Hello,
.
Thank you for using JA. If the father has not been legally recognized as the biological father, then he would have no legal rights to the child if you are not married. With that said, if there is no type of custody order in place (which would require him to have been legally determined to be the father) then there is nothing that would prohibit you from taking the child and leaving the state.
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So at this point, he would have no legal standing to try and prevent you from leaving the state if you chose to.
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Thanks.

Barrister

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Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

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If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button and I will be happy to continue.

.

I am trying to help you understand and resolve your situation but I don't make the laws, so the outcome may not be what you had hoped for.

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Please be patient as I am typically working with several customers at any given time.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

 

Barrister, Lawyer
Category: Family Law
Satisfied Customers: 22576
Experience: Attorney with 14 years experience
Barrister and 10 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

What legal actions would he have to take, to drag me back if he wanted to? I'm not going to be going after any type of support

Customer: replied 1 year ago.

What would he have to do legally to get me to come back with her?


 


Does your advice hold true for every State family law?

Expert:  Barrister replied 1 year ago.
Well, he would have to file a formal paternity action and have a DNA test performed to prove that he was the child's biological father. He would have to find where you were living and have you served with the paternity suit before it could proceed. So if he doesn't know where you moved, this would be extremely difficult to do.
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As part of this, if he was the bio dad, then he would then have rights to custody or visitation as well as the obligation to pay child support. So it is a double edged sword. The court would order some amount of support even if you didn't want it because the law considers it a father's legal duty to pay support to the custodial parent for the benefit of the child.
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And yes, the procedures and processes I have outlined hold true in every state.

.

.

Thanks.

Barrister

.

Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button and I will be happy to continue.

.

I am trying to help you understand and resolve your situation but I don't make the laws, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.

Thank you very much. And no, I wouldn't request any form of child support if he wasn't able to see her. But once again, it would only be until he calmed down. He has a pretty formidable temper.


 


Thank you. Have a good weekend!!

Customer: replied 1 year ago.

One last question...other than finding me via friends or family, could he legally submit my SS# XX someone to locate me, ie an attorney?

Expert:  Barrister replied 1 year ago.
You are very welcome, glad I could help.
.
As for locating you via SSN, it is possible for him to pay a locater company to try and do a "skip trace" based on SSN and date of birth. I don't know exactly how they do it, as they keep that confidential, but I personally believe they have contacts with various utility companies, DMVs, and cable companies that they use to try and locate someone. It is likely against the law to do so, that is why they keep their methods confidential.
.

.

.

Thanks.

Barrister

.

Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button and I will be happy to continue.

.

I am trying to help you understand and resolve your situation but I don't make the laws, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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