QUESTION
Can a pregnant woman file a divorce and leave the state?
Asked on Oct 16th, 2013 on Child Custody - Connecticut
More details to this question:
In the state of Connecticut are there any laws preventing a pregnant woman from leaving the state to get away from her husband? How would one go about filing for divorce if they were married in Illinois and moved to Connecticut and she wants to move back to Illinois without the father/husband before he baby is born? What custody laws would come into affect? Is it considered kid napping if she leaves after the baby is born? Said husband has anger issues and there is concern for the woman's safety. Should she get an order it protection out a no contact order?
1 ANSWER
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More information is needed in order to fully answer this question. The woman can file for divorce in Connecticut while she is pregnant so long as Connecticut has jurisdiction (one of the parties must have been a resident for at least one year before the filing, or at the minimum, be a resident for at least one year by the time the divorce is finalized). It is not considered kidnapping to leave the state if she is pregnant, unless there is a court order prohibiting her to move while she is pregnant. Moving to Illinois or divorcing while she is pregnant will not stop or prevent parental rights. If the child is the husband's child, law bestows the responsibilities and benefits of parenthood on him. This means he will be responsible for child support but he also has the right of visitation. The court, in all likelihood, will not prevent her from leaving but the court may make her assist in transporting the child so that his visitation is not hindered. Her best bet is to speak to a family lawyer here and in Illinois to discuss her options.
Answered on Oct 18th, 2013 at 8:00 AM