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  1. #1
    Nazs is offline Junior Member
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    Can she move away before baby is born

    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.
  2. #2
    Proserpina is offline Senior Member
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    Quote Originally Posted by Nazs View Post
    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.
  3. #3
    nextwife is offline Senior Member
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    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.
  4. #4
    Nazs is offline Junior Member
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    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?
  5. #5
    Proserpina is offline Senior Member
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    Quote Originally Posted by Nazs View Post
    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.
  6. #6
    Nazs is offline Junior Member
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    Thank you for answering my questions so quickly.
  7. #7
    nextwife is offline Senior Member
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    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?
    Last edited by nextwife; 08-07-2011 at 04:53 PM.
  8. #8
    gr8rn is offline Senior Member
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    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.
    Last edited by gr8rn; 08-07-2011 at 10:32 AM.
  9. #9
    CourtClerk is offline Senior Member
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    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.
  10. #10
    TinkerBelleLuvr is offline Senior Member
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    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?
  11. #11
    Nazs is offline Junior Member
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    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.
  12. #12
    mistoffolees is offline Senior Member
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    Quote Originally Posted by CourtClerk View Post
    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?
  13. #13
    Isis1 is offline Senior Member
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    Quote Originally Posted by nextwife View Post
    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.
  14. #14
    CourtClerk is offline Senior Member
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    Quote Originally Posted by mistoffolees View Post
    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.
  15. #15
    Proserpina is offline Senior Member
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    Quote Originally Posted by CourtClerk View Post
    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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