Can I Move Out Of State If The Father Isn’t On The Birth Certificate?

AdobeStock_245971303.jpg

I get this question a lot.  Sometimes in the form of “I don’t know who the father is” or even “he doesn’t know I got pregnant and I want to move.”  The answer is the same: Nevada law says you have to get permission before you move. The courts will think it hard to believe that the mother doesn’t know who the father is since he had to be there when she got pregnant. Even if it could be many men, she still has to try to figure out who the father is, particularly if welfare is involved. It doesn't matter that there is no father listed on the birth certificate either as the father’s rights are the result of being the biological parent, not because his name appears on a piece of paper. But what if the mother really has no clue?  If there is any real doubt, a DNA test will be done to confirm or exclude that person as the father. And if they are the father, then they get to move a custody case forward. And if the mother has already moved out of Nevada, she should get an attorney. If it is shown that she moved knowing who the father was, she faces potential parental kidnapping charges.

 

For more on the law, visit https://www.nevadafamilylaw.com/articles/2017/2/21/ab-263-the-parental-rights-protection-act-of-2015