pregnant and custody

What is the name of your state? ks
I am 7 months pregnant and married for just over a year and want a divorce and move to ga. Can I move? Or can the father keep me from moving?

lillsonya said:

What is the name of your state? ks
I am 7 months pregnant and married for just over a year and want a divorce and move to ga. Can I move? Or can the father keep me from moving?

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**A: he's not your father so make your move now before it's too late.

After I have the child can he come after me and make me move back to Ks?

No, he cannot make you move back to the Jayhawk state. BUT, and you'd better pay real close attention. IF you move and IF he decides to file for paternity and visitation you will either go back to Kansas to answer the summons or, if you get real tired of driving back and forth, you'll end up paying an attorney in Kansas to represent you.

You can't do anything in response until you are a resident of Georgia and I believe that is six months.

So yes, you have the right to move. BUT, until you're a resident of Georgia, Kansas has jurisdiction if he decides to file as above.

Thank you.

hexeliebe said:

No, he cannot make you move back to the Jayhawk state. BUT, and you'd better pay real close attention. IF you move and IF he decides to file for paternity and visitation you will either go back to Kansas to answer the summons or, if you get real tired of driving back and forth, you'll end up paying an attorney in Kansas to represent you.

You can't do anything in response until you are a resident of Georgia and I believe that is six months.

So yes, you have the right to move. BUT, until you're a resident of Georgia, Kansas has jurisdiction if he decides to file as above.

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My response:

This is one of those rare instances where I find myself needing to disagree with my good buddy, Hex.

In every State of the Union, the emphasis is on "the best interests of the child." As such, as soon as our writer "drops her load off at the loading dock" in Georgia, Georgia IMMEDIATELY has jurisdiction over the child, and Momma Bear can IMMEDIATELY file for custody and support from Georgia. The birth is what sets jurisdiction. If she were to move to Georgia AFTER the birth, then my friend, Hex, would be correct.

Kansas has NO jurisdiction if the birth takes place in Georgia, and Kansas CANNOT compel her to go back to Kansas - - even if he should file in Kansas.

So, the only person that's going to do any "traveling" is the bio-father - - if he wants to Petition for custody or visitation. All paternity testing WILL occur in Georgia, and no place else. All hearings WILL occur in Georgia, and no place else.

So, young lady, if you plan on moving, then there's no time like right now because you're very close to dropping off your load.

IAAL

Now here is the hard part. We have a house together and I don't want any money from it, but just that my name be taken off of it. What I think I know is that even if I sign a quick claim deed I am still responsible on the mortgage and in order to get my name off he would need to refinance in just his name is this correct?

lillsonya said:

Now here is the hard part. We have a house together and I don't want any money from it, but just that my name be taken off of it. What I think I know is that even if I sign a quick claim deed I am still responsible on the mortgage and in order to get my name off he would need to refinance in just his name is this correct?

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My response:

This latest question belongs on the Real Estate forum. Also, we've answered this similar question 100's of times. That's why we have a "search" button at the top right of this page. Had you used the "search", you would have already received your answer.

IAAL