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Can she move away before baby is born

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Nazs

Junior Member
I live in California. My ex girlfriend is pregnant and she said she was moving to New York before the baby is born. Do I have any legal rights to keep her in California? I want to be in my child's life. Not just an ATM card.
 


Proserpina

Senior Member
I live in California. My ex girlfriend is pregnant and she said she was moving to New York before the baby is born. Do I have any legal rights to keep her in California? I want to be in my child's life. Not just an ATM card.

Yes, she can move.

No, you cannot stop her.


If she waits until the child is born in CA, you can file to prevent her from relocating the child.
 

nextwife

Senior Member
If she moves after, you can file for paternity determination and then move to NY. Right now, you don't even know this child is yours.
 

Nazs

Junior Member
I do not want to move to NY. My work is here. So if she has baby in NY and paternity proves the baby is mine I still have absolutely no rights. Unless I move to NY? To be clear is that what I am being told?
 

Proserpina

Senior Member
I do not want to move to NY. My work is here. So if she has baby in NY and paternity proves the baby is mine I still have absolutely no rights. Unless I move to NY? To be clear is that what I am being told?


Nobody said anything of the sort.

If paternity proves you to be the father, you have the right to file for joint custody, visitation and to pay child support. You can still enjoy a healthy relationship with your child, even long-distance.

You do not however have the right to stop your ex-girlfriend from moving before there is legally a child.
 

nextwife

Senior Member
Unfortunately, until paternity is established and a visitation scheduled established through the courts, in an UNMARRIED situation, you have no rights. If you wanted instant rights, you needed to be married to her BEFORE getting her pregnant. I didn't make the law, just reporting it.

With a newborn, all visitation will need to be gradual and near her or with her, or, likely supervised if not with her. If she had no significant ties to CA (owned a home, maybe had parents there, had a career there that was not easilly transportable, etc.), you had no reason to believe she'd stay there, epecially if she may need help with a newborn. How "independent" was she when you and she were together?
 
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gr8rn

Senior Member
If any part of this is distasteful to you, then you should keep it in your pants until you are ready to get married and THEN have a child.
 
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CourtClerk

Senior Member
File a paternity suit and an OSC while she's still pregnant, have her served. CA will retain jurisdiction over the child.

They won't force her to stay, but they will make all the orders.
 

TinkerBelleLuvr

Senior Member
http://www.courtinfo.ca.gov/selfhelp/family/custody/custforms.htm

Somewhere in the back of my mind, there is something he can file that will have the mother bring the child back to California ...

Do you remember the case where mom fled to Washington, but was ordered to return to California?
 

Nazs

Junior Member
Gr8rn where did I say this was distasteful? Your comment had nothing to do with my questions. Please keep your views of marriage to yourself.
 

mistoffolees

Senior Member
File a paternity suit and an OSC while she's still pregnant, have her served. CA will retain jurisdiction over the child.

They won't force her to stay, but they will make all the orders.
Wow. That's pretty bizarre. I wasn't aware that you can do that before a child is born in CA.

How do they establish paternity for an unborn child? Or do they wait until the child is born and any orders before birth are provisional?
 

Isis1

Senior Member
Unfortunately, until paternity is established and a visiation scheduled est ablished through the courts, in an UNMARRIED situation, you have no rights. If you wanted instant rights, you needed to be married to her BEFORE getting her pregnant. I didn't make the law, just reporting it.

With a newborn, all visitation will need to be gradual and near her or with her, or, likely supervised if not with her. If she had no significant ties to CA (owned a home, maybe had parents there, had a career there that was not easilly transportable, etc.), you had no reason to believe she'd stay there, epecially if she may need help with a newborn. How "independent" was she when you and she were together?
slight correction, NW. here in CA, he needs to be married before the chilld is BORN, not before the creation to attain equal rights at the birth, OR sign the paternity forms at the birth.
 

CourtClerk

Senior Member
How do they establish paternity for an unborn child? Or do they wait until the child is born and any orders before birth are provisional?
They wait until the child is born and there are no orders made, except for that CA retains jurisdiction (and possibly) the child (when there is one) will be ordered to be returned to the jurisdiction of the court once born.
 

Proserpina

Senior Member
They wait until the child is born and there are no orders made, except for that CA retains jurisdiction (and possibly) the child (when there is one) will be ordered to be returned to the jurisdiction of the court once born.


Purely for my own curiosity, any idea how often this actually happens?
 

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