can she run away with his unborn baby?

[mrsjenni]

my best friend, "dave", has a problem. dave moved in with his girlfriend "alice". Alice has 2 kids from another relationship. Alice and Dave have been having problems as a couple, but she got pregnant about a month ago. Things just wont work out between them, and I think she knows it, so to scare him, Alice has been telling Dave that if things don't work out, or she decides to leave, she is going to move out of the state and run to either florida, or montana where she has family (right now me/dave/alice live in indiana, by the way), and she is going to change her name, and her 2 kid's names so he can't find them. plus, she says since she's going to be in another state where he can't find her, he won't be there when the baby is born, and he will not have his name on the birth certificate. She say's he'll have no rights to the baby because of this, even if he could find her.

This has dave a bit worried. He doesn't want to do anything because he thinks she'll leave the state, and he wont be able to find his baby. He wants to stay with her until the baby is born so he can get his name on the certificate, get a paternity test, etc.

But if Dave leaves her before the baby is born, and she runs away to another state, Is there anything dave can do?

 

[stealth2]

Dave has no rights until the child is born and he proves paternity.

 

[rmet4nzkx]

First of all we need to know the state where they currently reside. "Dave" can file as a putitive father and to establish paternity before the baby is born and depending on the state, a judge may make orders prior to the baby's birth, including a restraining order to prevent "Alice" moving or to order her return to their current state. If "Alice" goes to MT, they may recognize the state wherein the child was conceived when considering jurisdiciton under UCCJEA, so it is very important for "Dave" to establish a paternity case before "Alice" can establish residency in another state. This may also affect timing re residence and it is important to get her served while there is no doubt that she is a state resident and under the jurisdiction of that court. If she moves before she can be served or is in the other state long enough to establish residency it will be an uphill battle for custody and visitation once paternity is established. It is also important that "Dave" understand, that filing wil establish a date by which they will calculate child support once paternity is established, and custody and visitation are essentially his responsibility when it comes to filing, in other words she could move to another state, file for state aid or medical care for her and or the child, and "Dave" could be found the father by default and responsible for child support without ever proving paternity or being obtaining orders for custody of any sort or visitaiton.

 

[LdiJ]

First of all we need to know the state where they currently reside. "Dave" can file as a putitive father and to establish paternity before the baby is born and depending on the state, a judge may make orders prior to the baby's birth, including a restraining order to prevent "Alice" moving or to order her return to their current state. If "Alice" goes to MT, they may recognize the state wherein the child was conceived when considering jurisdiciton under UCCJEA, so it is very important for "Dave" to establish a paternity case before "Alice" can establish residency in another state. This may also affect timing re residence and it is important to get her served while there is no doubt that she is a state resident and under the jurisdiction of that court. If she moves before she can be served or is in the other state long enough to establish residency it will be an uphill battle for custody and visitation once paternity is established. It is also important that "Dave" understand, that filing wil establish a date by which they will calculate child support once paternity is established, and custody and visitation are essentially his responsibility when it comes to filing, in other words she could move to another state, file for state aid or medical care for her and or the child, and "Dave" could be found the father by default and responsible for child support without ever proving paternity or being obtaining orders for custody of any sort or visitaiton.

She already stated that its Indiana.....and none of that is going to happen in Indiana. Also, a judge can't order that a pregnant women live any particular place....that would be a violation of her constitutional rights, and you KNOW that.

No Indiana judge is going to touch a case like this until after the baby is born and paternity can be established.

 

[rmet4nzkx]

She already stated that its Indiana.....and none of that is going to happen in Indiana. Also, a judge can't order that a pregnant women live any particular place....that would be a violation of her constitutional rights, and you KNOW that.

No Indiana judge is going to touch a case like this until after the baby is born and paternity can be established.

Please stop using absolutes
Have you even read Indiana statutes re establishing paternity?
http://www.ai.org/legislative/ic/code/title31/ar14/index.html
An expectant father is allowed to file a paternity action, thus putting into place all of the potential ordrs I posted. I never claimed it could happen absolutely, but that it was possible depending on the state, which would include, Indiana.