Even if the parents have an informal agreement with the child's mother or father relating to custody, the parenting plan, and child support, it is important to formalize the arrangment by filing a joint stipulation, and having it incorporated into a judical Court Order.
I frequently receive phone calls from father's who have had a long-term relationship with a woman, who recently decided to terminate the relationship and move back to her parents ... in another state. Panic has set in ... what can he do???
From a legal standpoint, the only recourse is for him to file a pleading with the local court asking the court to determine that HE is the biological father of the child -ie. establish 'paternity,' and various other issues such as legal & physical custody, visitation/parenting time, child support, etc.
If you are the father, you need a Court Order that clearly says that you are the biological father of your child. If you do not have a Court Order that establishes paternity, you do not have the ability to have physical or legal custody of your child, nor visitation with your child, nor insist on a 'parenting plan.' You have no legal basis to prevent the mother from leaving the state with the child.
If you are the mother, you need a Court Order to establish who the father is in order for you to seek child support.
Without first 'establishing paternity' of the child, neither parent can petition the Court to address issues involving their child.
If you are in need of an attorney to help you establish, or dis-establish paternity, telephone Bob Guyot today at (231) 947-0808. See his website http://guyotlaw.com
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