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.
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?
Wow. That's pretty bizarre. I wasn't aware that you can do that before a child is born in CA.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.
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.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?
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.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.