• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Unborn Child

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

StampGirl

Senior Member
What I can't wrap my brain around is the verbage:
It restrains the parents from removing the CHILD. Technically, a child does not exist, therefore, no violation in my little pea brain. Now, if the restraining order was for MOM, then, absolutely.

I can see where California has jurisdiction AFTER the birth, so I'm not arguing there. Just the restraining order.
The restraining order is standard and is part of the Presumed Father packet he filed. He is "presuming the unborn child is his", therefore she is restricted from taking the "presumed unborn child" out of the state until a Judge deems otherwise.

It is supposed to protect the soon to be father from exactly what this mom did: which is fleeing the state to make his right as Dad to be an active participant in his child's life.
 


casa

Senior Member
What I can't wrap my brain around is the verbage:
It restrains the parents from removing the CHILD. Technically, a child does not exist, therefore, no violation in my little pea brain. Now, if the restraining order was for MOM, then, absolutely.

I can see where California has jurisdiction AFTER the birth, so I'm not arguing there. Just the restraining order.
The restraining order IS for Mom. Because Mom has baby in utero.

And actually, AFTER the birth, is when Jurisdiction WILL BE arguable. Problem is Mom can't afford to fight Jurisdiction. She's starting OFF in Contempt. That's going to have her starting OFF on the wrong side of the Judge. She's demonstrating her UNwillingness to co-parent/facilitate a relationship before the child is even born! Do you think the Judge will just overlook that fact? He will hold onto Jurisdiction like a pit bull. Just because she pissed him off. We REALLY need to focus on THIS case & how THIS case is most likely going to go...

What's RIDICULOUS about this is CA move-away law changes would have ALLOWED this woman to move... IF she would have filed properly & followed correct procedure.

*sigh again*
 

StampGirl

Senior Member
What's RIDICULOUS about this is CA move-away law changes would have ALLOWED this woman to move... IF she would have filed properly & followed correct procedure.

*sigh again*
Exactly. Had she done things the right way, this whole mess would have been avoided.

I agree Casa. That judge is going to hold on verrrryyyy tight to the jurisdiction esp if she doesn't show herself (or an attorney) in court when she is supposed to.
 

Zigner

Senior Member, Non-Attorney
I apologize for my earlier post...The only part I will stand by is that she should get an attorney to represent her.

On a side note...I think I may have been one of the "trail blazers" on this (after looking at FL200). About 14 years ago, I filed for custody using the theory that the child was conceived in California. The court didn't dismiss outright, but basically postponed any action until such time as my son was actually IN California. At that time, it was a novel idea ;)
 

Shay-Pari'e

Senior Member
Deep breath Casa!!! :)

What the OP's daughter needs to understand is that the man she chose to be the daddy of her child (born or unborn) acted in HIS best interest. That boy got some AWESOME legal advice and/or did some incredible research.

Bottom line is that in the state of CA a father can file the type of lawsuit he filed if he believes he is the father of the unborn child. He did so well within his rights. He served her and a court hearing was held. She then made the decision to LEAVE the state illegally when she SHOULD have petitioned the court to move to Oregon. The father being the smart man he is, filed contempt papers because she left. NOW she is big time trouble if she or an attorney she hires, does not show up in court in CALIFORNIA by the "due date".
I can't find a statute that say's a unmarried, maybe a father can petition the courts For a *NON* move away, when he doesn't even know if he is the fater..

If anyone can find one, please post it, because I am going on the guide line that a preggo woman, not married can move wherever she wants.
 
Last edited:

TinkerBelleLuvr

Senior Member
The restraining order IS for Mom. Because Mom has baby in utero.

And actually, AFTER the birth, is when Jurisdiction WILL BE arguable. Problem is Mom can't afford to fight Jurisdiction. She's starting OFF in Contempt. That's going to have her starting OFF on the wrong side of the Judge. She's demonstrating her UNwillingness to co-parent/facilitate a relationship before the child is even born! Do you think the Judge will just overlook that fact? He will hold onto Jurisdiction like a pit bull. Just because she pissed him off. We REALLY need to focus on THIS case & how THIS case is most likely going to go...

What's RIDICULOUS about this is CA move-away law changes would have ALLOWED this woman to move... IF she would have filed properly & followed correct procedure.

*sigh again*
The thing is that the OP's daughter is NOT a mother at this time. She is a mother-to-be. I guess I'm just having a hard time understanding here on the other side of the US.
 

Zigner

Senior Member, Non-Attorney
The thing is that the OP's daughter is NOT a mother at this time. She is a mother-to-be. I guess I'm just having a hard time understanding here on the other side of the US.
Look at the PDF for FL200 - it has a checkbox for declaring that Calif. has jurisdiction of the following minor children: (with a place to fill in names). Immediately after that, it has a checkbox for "Unborn child".
 

TinkerBelleLuvr

Senior Member
moth·er1 /ˈmʌðər/ Pronunciation Key - Show Spelled Pronunciation[muhth-er] Pronunciation Key - Show IPA Pronunciation
–noun 1. a female parent.
2. (often initial capital letter) one's female parent.
3. a mother-in-law, stepmother, or adoptive mother.
4. a term of address for a female parent or a woman having or regarded as having the status, function, or authority of a female parent.
5. a term of familiar address for an old or elderly woman.
6. mother superior.
7. a woman exercising control, influence, or authority like that of a mother: to be a mother to someone.
8. the qualities characteristic of a mother, as maternal affection: It is the mother in her showing itself.
9. something or someone that gives rise to or exercises protecting care over something else; origin or source.
10. (in disc recording) a mold from which stampers are made.
–adjective 11. being a mother: a mother bird.
12. of, pertaining to, or characteristic of a mother: mother love.
13. derived from or as if from one's mother; native: his mother culture.
14. bearing a relation like that of a mother, as in being the origin, source, or protector: the mother company and its affiliates; the mother computer and its network of terminals.
http://dictionary.reference.com/search?q=mother

Definition: [n] a condition that is the inspiration for an activity or situation; "necessity is the mother of invention"
[n] a woman who has given birth to a child (also used as a term of address to your mother); "the mother of three children"
[n] a term of address for an elderly woman
[n] a stringy slimy substance consisting of yeast cells and bacteria; forms during fermentation and is added to cider or wine to produce vinegar
[v] make children; "Abraham begot Isaac"; "Men often father children but don't recognize them"
[v] care for like a mother; "She fusses over her husband"
http://www.hyperdictionary.com/dictionary/mother
 

TinkerBelleLuvr

Senior Member
Look at the PDF for FL200 - it has a checkbox for declaring that Calif. has jurisdiction of the following minor children: (with a place to fill in names). Immediately after that, it has a checkbox for "Unborn child".
The thing is that it is NOT a child until it is born. It is a fetus.
 

ezmarelda

Member
I can't find a statute that say's a unmarried, maybie a father can petition the courts For a *NON* move away, when he doesn't even know if he is the fater..

If anyone can find one, please post it, because I am going on the guide line that a preggo woman, not married can move wherever she wants.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=07001-08000&file=7630-7644
I think it's in there somewhere...

The point is Shay, if a man files a petition to establish that he is soon to be a father, both mommie and daddie to be have to stay put till judgie decides what to do

In THIS case daddie filed and mommie ran away before judgie said it was ok, that was a no-no on her part

casa can probably tell it better but that's 'cuz she's got a bigger brain than i do;)
 

casa

Senior Member
The thing is that the OP's daughter is NOT a mother at this time. She is a mother-to-be. I guess I'm just having a hard time understanding here on the other side of the US.
Hun, you're getting all caught up in whether or not the child is born yet. It DOES NOT MATTER.

The MOM was under Court Order, which included being restrained by the Court pending it's determination. With a child born, unborn or born w/3 eyeballs...regardless.
 

Silverplum

Senior Member
pluck, pluck, pluck ... :D:D:D
And
Cluck, cluck, cluck! :D

But seriously, folks: how long could this legal situation last, the one in which the mother has ALL of the power if unwed?

Answer: Not too long. It appears to be juuuust about finished, in CA. ;)
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top