Ask a Lawyer on Single Dad: Filing for Parentage and Moving

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Get Expert Family Law Article Advice from our Ask a Lawyer Topic Section on SingleDad. Craig A. Candelore, CLS-F is the nation’s leading Fathers Rights Attorneys and offers advice for our members. This month, a single dad wants to know the proper way to file primary custody, move and take his kids with him.

Ask a Lawyer on Single Dad: Filing for Parentage and Moving

Get Expert Family Law Article Advice from our Ask a Lawyer
Topic Section on SingleDad. Craig A.
Candelore, CLS-F
is the
nation’s leading Fathers Rights Attorneys and offers advice for our members.
This month, a single dad wants to know the proper way to file primary custody, move
and take his kids with him.

Filing for Parentage
and Moving

My name is Les, I am a 49-year old single father with
two children, ( Ages 7, 8) living with me at my parents house in the state of Kentucky. I was never
formally married, however, the mother lived with us, "on and off" for over
three years. It’s been over two years since the mother has moved on and left me
with my kids. She has not established any communication with my children, my
parents or me. In fact, I do not know if she lives in the state of Kentucky any
more.

I have a job opportunity to move out of the state and
relocate to Arizona. I have accepted the position and my new career begins this
spring. I need to know what are my legal rights and proper steps I need to make
to move with my two children.

Les Leaving
Louisville

moving

Answer from: Craig A.
Candelore

Dear Les, here is my "quick list" of things you need to do:

I am not a Kentucky attorney, but most states are similar
regarding family law custody and visitation. First you need to file a case for
Parentage. This will establish your primary position as parent for your kids

You said you were not married to the Mother. That means that
you do not have a judgment of paternity making you the legal father. Obtaining
the judgment may be easy if you sign a Voluntary Declaration of Paternity at
the hospital where the children were born.

Did you sign a Voluntary Declaration of Paternity when the
children were born?

Since you have been the defacto primary parent, I do not see
why you could not get order making you the primary physical custodial parent. I
would try to obtain those orders in the Kentucky family court BEFORE you tell
the mother that you want to move to Arizona.

Normally the primary physical custodial parent has the
presumptive right to move ; this includes the right to move out of state. Make
sure you take the steps I mentioned above before you make any plans to leave
the state. If the mother of your children finds out you want to move out of
state, she might put up a fight when you file your parentage action.

Get your ducks in order.

Sincerely,

Craig A. Candelore,
CLS-F

Col U.S. Army (Ret.)


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Lawyer Family Law Expert, Craig A.
Candelore
, on SingleDad. (Click here) and send us your questions about Father’s
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Richard JaramilloRichard “RJ” Jaramillo, is the Founder of SingleDad.com,
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