QUESTION
Can an unhappy wife move out of state while pregnant?
Asked on Oct 04th, 2014 on Child Custody - Maryland
More details to this question:
If a pregnant woman is considering divorcing her husband and once she does so would like to move out of state to be with her family. Would having the baby out of state have any effect on the custody arrangements? She and her husband currently live in California, but she would like to move to Maryland if they divorce.
2 ANSWERS
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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Under California law, once the divorce petition is filed, you would not be able to move a child out of state without first seeking the Court's permission. If the child is not yet born, a Judge probably does not have authority to prevent your moving, but may be able to order the child back to California after the birth. Your best move legally would be to move out of state before a divorce petition is filed and then file an action in your new state. If your husband files an action in California, then you can respond to it as a resident of your new state.
Answered on Oct 06th, 2014 at 1:20 PM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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Yes, it has an effect on which state has jurisdiction. She can't file for custody unless she has lived in the state for 6 months immediately preceding the filing of a complaint.
Answered on Oct 06th, 2014 at 10:47 AM