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I'm Pregnant, not married and I want to leave the state

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sherin0426

Guest
I am 28, unwed and am pregnant, I recently moved back to Massachusetts from Virginia but now would like to return to Virginia to have the baby, I dont think the father will let me go very easily and was wondering what legal rights we both have in this situation. I am only looking out for the best interest in the child and feel VA is a much better enviornment to raise a child. The father has a history of drug abuse which also makes me a bit nervous. Thank you for any help you can give.
 


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hexeliebe

Guest
first of all you haven't said whether there is (or has been) any court order establishing paternity. I would suspect not because no reputable lab would attempt a pre-natal DNA test.

Absent any paternity, and he would have to establish this himself, you can go where you please.
 
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sherin0426

Guest
Thank you

No there hasn't been any paternity established, I'm hoping that if he decides he wants a DNA I have the right to refuse until after the baby is born. I dont want to keep him from the child but I do want to do what is best, and I feel that is moving back to Virginia. Thank you for your help
 
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hexeliebe

Guest
First of all, you don't have the right to refuse the DNA test, even if it's ordered before birth. But don't worry, it won't be.

Also, please consult with an attorney in family law before you actually do move. It's too late after you've moved and the circumstances are different than you've stated here. And it's too late when the police are knocking on the door.
 

ktarra617

Member
it was explained to us that prior to the birth of the child, the mother can go anywhere she wants because there are no court orders, there is nothing for the court to rule on because the child has not been born.

The court cannot limit the ability of the mother-to-be to move simply because she is pregnant and it may be this man's child. That violates the consitution. IF she moves before she gives birth there is little that he can do about it.

Now if she stays after the birth, then she has a problem in that the child will be under the continueing jurisdiction of the court and the child can be limited in where he/she resides.

If she wants to move she better do it now, After the baby gets here she's stuck....

ON a side note I dont support move aways but the law is on her side until that baby is born.....
 
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JoandJa'smom

Guest
You can move back if you want. You are pg and there is no paternity established so there is nothing the father can do about it.

JoandJa'smom
 
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dixievic

Guest
Don't you think the father would like to see his child when its born? How would you feel if he was having your baby and wanted to move away where you would not even get to see it when it was born. My son is in the same situation, his girlfriend is threatining to leave the state. I think it is very selfish for a mother to do that. He is the father like it or not and he has a right to be a part of that childs life. I am going to be a grandmother for the first time and it breaks my heart to know that I may not even get to see the child.
 
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hexeliebe

Guest
Don't you think the father would like to see his child when its born?
Feelings have no place in law.


How would you feel if he was having your baby and wanted to move away where you would not even get to see it when it was born
THis is so ridiculous I won't attempt to answer.

My son is in the same situation, his girlfriend is threatining to leave the state. I think it is very selfish for a mother to do that. He is the father like it or not and he has a right to be a part of that childs life
If your son has established paternity then it is not the same situation. If not, there is no proof that he is going to be a father and he can make no claim for such until proof is offered.

Please remember dixievic that this is a law forum. Not Dear Abbey. The original poster stated her case and was given LEGAL advice based on the facts. Whether it's morally right or wrong is not a question for this forum.
 
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JoandJa'smom

Guest
If you want to move, do it now!! After you have the baby he could file for his paternity rights and have a RO on you that doesn't allow you to leave the state until there is a court order telling you that you have to stay. Until there is a court order you are free to go where you want and don't need his permission!

JoandJa'smom
 

lparty

Member
The father can always fly to Virginia after the baby is born. She didn't say she wouldn't let him see the baby. She's better off moving now before the baby is born. At least she'll have a choice of where she wants to live if she moves now. She can always move back to Mass.
 

stealth2

Under the Radar Member
dixievic said:
Don't you think the father would like to see his child when its born? How would you feel if he was having your baby and wanted to move away where you would not even get to see it when it was born. My son is in the same situation, his girlfriend is threatining to leave the state. I think it is very selfish for a mother to do that. He is the father like it or not and he has a right to be a part of that childs life. I am going to be a grandmother for the first time and it breaks my heart to know that I may not even get to see the child.
Unless your son kept his g/f locked in a basement, none of you know that he is actually the father. Until it is proven, he has no rights.
 

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