QUESTION
Can the father of my baby prevent me from moving out of state with our baby?
Asked on Jul 15th, 2014 on Child Custody - New York
More details to this question:
My baby's father and I are not married and he is not living with me. I am currently 7 months pregnant and want to move upstate with my sister once the baby is born. I would be going from renting a small 2 bedroom apartment which my 15 year old son and I currently snuggly fit into to my sister's house. She is moving out because she is getting married but would allow me to live in the house, which is bigger and has 3 bedrooms. I also have no family here currently and would have my sister there. I also cannot afford day care here and will have a problem returning to work because of that. My sister and her fiance's family will be available to watch the baby. Can he stop me from moving up state once the baby is born? He is not my 15 year old son's father. He does not have a home or apartment here. He rents a room in a house so he does not have a place for the baby.
1 ANSWER
Bruce Provda
Custody for this child cannot be determined until the child is born and will most likely be yours. If there is a problem with the move, then the father will have to go to court to petition for joint custody. He could make such a petition, but cannot do so until the child is actually born and then he has to prove that he is the father and has parental rights.
Answered on Jul 16th, 2014 at 8:31 AM