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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33794
Experience:  Attorney with 15 years experience
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I am in the process of separating from my childs father.

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I am in the process of separating from my child's father. We have never been married. I am leaving with my six-year-old daughter, and we are moving to a different school district. Can he prevent me from registering her for school in the town where we will be living? We live in New Jersey.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Is there any type of custody or visitation order in place from the court?
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Has the father ever been legally declared to be the father through a court ordered DNA test?
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Thanks
Barrister
Customer: replied 3 years ago.


No, we have never been in court. He is legally the father, stated on her birth certificate.

Ok, then without any type of formal custody order from the court giving him specific custodial rights, he couldn't prevent you from taking the children and enrolling them in school where you live.
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In order to challenge any move or enrollment, he would have to file a formal paternity lawsuit and have a judge order a DNA test to confirm paternity. Once paternity was confirmed, then he could request some type of visitation or custody. But at that point, you will already have the child enrolled for at least several months and a judge is unlikely to change that.
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Thanks.

Barrister

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Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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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.

Customer: replied 3 years ago.


Thank you -- this is a tremendous relief.

You are very welcome. Until he goes through the courts, he doesn't have any formal legal rights to the child.
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Thanks.

Barrister

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Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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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.

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