Moving States Custody

[Booger42]

What is the name of your state (only U.S. law)? GA

I am due with my exes and I's child in the near future. We are not married. We are both from MN and moved to GA. Now that I am having a child and he said he wants nothing to do with the child I plan on moving back to MN to be around and have the support (of both his and mine) families. I am moving back within the first 2 weeks of giving birth. I would move sooner however I cannot as I need to maintain my health insurance so cannot quit my job as having a baby isn't cheap. Once I move can I file for child support in my new state or do I have to wait a certain period of time? If my ex (whom I'm not married too) do anything if he changes his mind after the baby is born to make me move back to GA? I am more than willing to allow him to be parent and have visitation if he decides he wants to, but are there any repurcussions of me moving or should I do so before the child is born?

 

[Proserpina]

What is the name of your state (only U.S. law)? GA

I am due with my exes and I's child in the near future. We are not married. We are both from MN and moved to GA. Now that I am having a child and he said he wants nothing to do with the child I plan on moving back to MN to be around and have the support (of both his and mine) families. I am moving back within the first 2 weeks of giving birth. I would move sooner however I cannot as I need to maintain my health insurance so cannot quit my job as having a baby isn't cheap. Once I move can I file for child support in my new state or do I have to wait a certain period of time? If my ex (whom I'm not married too) do anything if he changes his mind after the baby is born to make me move back to GA? I am more than willing to allow him to be parent and have visitation if he decides he wants to, but are there any repurcussions of me moving or should I do so before the child is born?

Not a popular response, but you do need to know:

If you don't want him to fight for the child to remain in Georgia, you need to actually have the child in Minnesota. If you give birth in Georgia he has every right to file for custody in Georgia and have you come back and forth to deal with court.

 

[Booger42]

Not a popular response, but you do need to know:

If you don't want him to fight for the child to remain in Georgia, you need to actually have the child in Minnesota. If you give birth in Georgia he has every right to file for custody in Georgia and have you come back and forth to deal with court.

I had thought a child had to live somewhere for 6 months before residency could be established? Also this eould mean a judge would have to determine if it was in the best interest of the child to be in MN near family, or in GA, right?

 

[Silverplum]

I had thought a child had to live somewhere for 6 months before residency could be established? Also this eould mean a judge would have to determine if it was in the best interest of the child to be in MN near family, or in GA, right?

The child's family is Mom and Dad. And even an infant lives somewhere.

 

[TheGeekess]

I had thought a child had to live somewhere for 6 months before residency could be established? Also this eould mean a judge would have to determine if it was in the best interest of the child to be in MN near family, or in GA, right?

For a newborn, residency is established by the state where Baby is born.

 

[Booger42]

The child's family is Mom and Dad. And even an infant lives somewhere.

The father would also however have to establish paternity, right? This is not a situation where the father is saying he wants to be a part of his childs life in any way shape or form, if he was I wouldn't even be asking the question nor have even decided to move. I don't even think he would try filing for custody, but in the event he changes his tune after the child is born I just wondered legally what would happen considering I would be in another state. This wasn't something I was even thinking about until he decided to say he no longer wanted a child. Believe me, it was the last thing I expected to hear at 8 months pregnant.

 

[Booger42]

For a newborn, residency is established by the state where Baby is born. [/QUOTE

So what about the UCCJEA ruling? The child will live in GA for all of about 7 days and will be in MN months before anything about custody would take place.

The UCCJEA vests "exclusive [and] continuing jurisdiction" for child custody litigation in the courts of the child's "home state," which is defined as the state where the child has lived with a parent for six consecutive months prior to the commencement of the proceeding (or since birth for children younger than six months). If the child has not lived in any state for at least six months, then a court in a state that has (1) "significant connections" with the child and at least one parent and (2) "substantial evidence concerning the child's care, protection, training, and personal relationships" may assume child-custody jurisdiction. If more than one state has "significant connections" and "substantial evidence...", the courts of those states must communicate and determine which state has the most significant connections to the child

 

[TheGeekess]

The father would also however have to establish paternity, right? This is not a situation where the father is saying he wants to be a part of his childs life in any way shape or form, if he was I wouldn't even be asking the question nor have even decided to move. I don't even think he would try filing for custody, but in the event he changes his tune after the child is born I just wondered legally what would happen considering I would be in another state. This wasn't something I was even thinking about until he decided to say he no longer wanted a child. Believe me, it was the last thing I expected to hear at 8 months pregnant.

In Georgia, an unwed father has to establish paternity and legitimize the child before he can file for parenting time/custody/child support.

(Please excuse if one of my esteemed colleagues has already answered this question. I was distracted for a bit.)

 

[TheGeekess]

For a newborn, residency is established by the state where Baby is born. [/QUOTE

So what about the UCCJEA ruling? The child will live in GA for all of about 7 days and will be in MN months before anything about custody would take place.

The UCCJEA vests "exclusive [and] continuing jurisdiction" for child custody litigation in the courts of the child's "home state," which is defined as the state where the child has lived with a parent for six consecutive months prior to the commencement of the proceeding (or since birth for children younger than six months). If the child has not lived in any state for at least six months, then a court in a state that has (1) "significant connections" with the child and at least one parent and (2) "substantial evidence concerning the child's care, protection, training, and personal relationships" may assume child-custody jurisdiction. If more than one state has "significant connections" and "substantial evidence...", the courts of those states must communicate and determine which state has the most significant connections to the child

Putative Dad is a significant connection and one parent residing in Georgia.

 

[Booger42]

Putative Dad is a significant connection and one parent residing in Georgia.

So I want to make sure I understand all of your replies correctly. Is what all of you are saying is that no matter what if he files a court case for custody it will for a fact have jurisdiction in GA if the child is born in GA regardless of how long I have been living with my child in MN for any length of time before that?

 

[Proserpina]

So I want to make sure I understand all of your replies correctly. Is what all of you are saying is that no matter what if he files a court case for custody it will for a fact have jurisdiction in GA if the child is born in GA regardless of how long I have been living with my child in MN for any length of time before that?

No, you're not understanding.

If you are living in MN long enough to establish the child's residency, then MN will have jurisdiction even though the child was born in Georgia. If he files in Georgia, you should file to dismiss.

If, however, you give birth in Georgia, and move to MN 7 days later, then Georgia will have jurisdiction if he files quickly.

Clearer?

 

[Booger42]

No, you're not understanding.

If you are living in MN long enough to establish the child's residency, then MN will have jurisdiction even though the child was born in Georgia. If he files in Georgia, you should file to dismiss.

If, however, you give birth in Georgia, and move to MN 7 days later, then Georgia will have jurisdiction if he files quickly.

Clearer?

Thank you. Yes that makes sense. I appreciate your help.

 

[Proserpina]

Thank you. Yes that makes sense. I appreciate your help.

You're welcome, Booger.

Georgia is unique in one aspect; an unwed father must not only confirm paternity but also legitimize the child before he can file for enforceable rights. If you intend to live in MN instead of Georgia, you ideally need to move before you give birth.

I'm not fond of that idea myself, but it is the legal truth and someone needed to say it. I don't mind being the bad guy.

 

[Booger42]

You're welcome, Booger.

Georgia is unique in one aspect; an unwed father must not only confirm paternity but also legitimize the child before he can file for enforceable rights. If you intend to live in MN instead of Georgia, you ideally need to move before you give birth.

I'm not fond of that idea myself, but it is the legal truth and someone needed to say it. I don't mind being the bad guy.

Thank you. I truly am not concerned about him filing for custody right away, he has made it clear he has no intention of being a parent and is happy I won't be in GA. However I am preparing for the worst in case his tune changes. The only time filing for custody would become of importance to him would be if I file for child support. I don't plan on filing for anything until I have been moved for several months as paternity will be established at that time. Again, I'm hoping it doesn't come to some big court battle, and I truly do hope at some point he realizes he has an amazing little girl and that he chooses to be a part of her life and have a relationship with her.

 

[Proserpina]

I truly do hope at some point he realizes he has an amazing little girl and that he chooses to be a part of her life and have a relationship with her.

I think that's a wonderful goal, and I hope you can both enjoy co-parenting your little girl.