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Q: Unwed Mother's Right for travel ( No Answer,   7 Comments )
Subject: Unwed Mother's Right for travel
Category: Family and Home > Parenting
Asked by: lb4-ga
List Price: $2.00
Posted: 17 May 2006 09:20 PDT
Expires: 16 Jun 2006 09:20 PDT
Question ID: 729748
If a unwed mother of a 2 month baby dececide to move out of the
country, can the father file a warrent for her arrest in SC?  The
father's name is not on the birth certificate and there is not
petition for custody, visitation or child support. The baby lives and
is supported by the mother and not the father.

Request for Question Clarification by czh-ga on 18 May 2006 00:26 PDT
Hello again lb4-ga,

I commented on your other question and saw your clarification saying
that you're the mother of the child. Unwed Mother
changing baby's last name. Baby has both mother and father's name

If you are an unwed mother and the father has not acknowledged
paternity, he has no legal standing. This means he has no rights
toward making you do anything.  He cannot take any action against you
and he cannot participate in the life of the child unless he
acknowledges that he's the father and goes through the process to
establish paternity. This means that he doesn't have any rights
towards the baby but neither does he have any responsibilities.

Iy is important for you to establish the paternity of your child. The
links I gave you on your other question tell you how to contact the
appropriate state agencies. If you're not sure how to proceed, here
are some additional links to help you think through your options.
Paternity Frequently Asked Questions
Until a father establishes ?legal paternity? he does not have any
rights or responsibilities to a child born to an unwed mother; even if
he knows the child is his!
The laws of paternity are complex and vary from state to state.  
Often times the legally recognized father is not the biological
father.   Most states categorize a father in one of four ways: the
acknowledged father, the presumed father, the unwed father, and the

In your other question you mentioned that you're still living with
your parents and are taking care of the baby. It's not clear what you
want to do. I recommend that you see a family lawyer to help you sort
out your options.

Wishing you well.

~ czh ~
There is no answer at this time.

Subject: Re: Unwed Mother's Right for travel
From: nelson-ga on 17 May 2006 11:01 PDT
Has paternity been established?
Subject: Re: Unwed Mother's Right for travel
From: lb4-ga on 17 May 2006 11:34 PDT
According to my understanding, because the father has not petition for
joint custody, visitation or child support, the mother is primary
custodian. She takes care the the baby herself without the assistance
of the father.
Subject: Re: Unwed Mother's Right for travel
From: cynthia-ga on 17 May 2006 11:40 PDT
Only the police can "file a warrant for arrest." It would take a court
order to keep her off the plane, and without absolute proof of
paternity, it would be next to impossible to stop her from leaving.
Subject: Re: Unwed Mother's Right for travel
From: lb4-ga on 17 May 2006 11:56 PDT
A paternity test hs not been done.
Subject: Re: Unwed Mother's Right for travel
From: lb4-ga on 17 May 2006 11:58 PDT
he states he would file a charge against the mother for kidnapping.
can he do that if he is not taking care of the child. The child had
both parenets' last name and is hyphnated. Does that make a differnece
in reference to his rights?
Subject: Re: Unwed Mother's Right for travel
From: cynthia-ga on 18 May 2006 00:07 PDT
The hyphenated name doesn't mean anything. I could name my baby George
W. Bush and it wouldn't mean a thing as far as paternity.

It would take a court order to keep her off the plane. Without a
court's involvement, nothing can be done to stop her from traveling.

He's blowing hot air. He has no idea what he can do and is just saying
whatever he can think of to keep her here. The fact is, he'd have to
see an attorney (read: SPEND A LOT OF MONEY IN ADVANCE), who MIGHT be
able to do something, but the wheels of justice move very slowly, it
won't happen overnight, and it most certainly will be expensive..

Does he have money?  I assumed NO, because he is not offering support for the child.
Subject: Re: Unwed Mother's Right for travel
From: irlandes-ga on 20 May 2006 18:43 PDT
This is a no-brainer. Posters are correct. With no legal status
created, the man has no way to do anything at all.  The law always
requires certain things to happen to establish rights, and with no
paternity established, he has no more rights in the case than I do.
Note that I am not at all prejudiced against fathers; in fact from
1984 till 1993 I supplied no-fee counseling to fathers, but in this
case, he has no rights -- yet.

And, I will tell you frankly, I had little sympathy for men who
couldn't "keep their pants on." I did fight hard for men who were
dedicated fathers, and his wife simply wanted another man and thus it
wouldd suit her if he never saw his kids again.

And, also if men are going to be ordered to pay support, there is no
reason they should not have contact rights. Ditto my comments for
women who mess around, then when they have a child, wish the man would
cease to exist.

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