QUESTION

Do I need to get legal authority to leave the state before the baby is born?

Asked on Apr 12th, 2016 on Child Custody - Washington
More details to this question:
I am 4 months pregnant and the father of the baby does not want to pursue a couple relationship. He has recently given me his 30 day notice of moving 111 miles away, same state and is adamant about establishing a parenting plan. I want to go home to another state to have my baby near my family. I will eventually ask for sole custody and legal custody as well, but of course I will want him to have some relationship with his child, so am open to a parenting plan once the child is born and providing he is willing to be the non-custodial parent - otherwise we may have to go to mediation, but hopefully, I will be living in Washington state. His family is 100 miles south of where he is but all in the same state.
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2 ANSWERS

Family Law Attorney serving Redmond, OR at Oliver & Duncan
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If there is no court case involving paternity, parenting time or child support pending in an Oregon court when the birth date is coming up, you can go wherever you want to have your baby. However, it would be a very good idea to have the father of the child present when the baby is born so he gets his name on the birth certificate. That make it a LOT easier to establish his duty to pay child support while the child is growing up (like 18 to 20 years under Oregon law). Once the child is born, you would need to file a petition in the state where you reside to determine custody, parenting time and child support and then have him served with the summons and petition in that action. While a court can award the parties joint custody in Oregon if the parties agree to that, under Oregon law it is a very bad idea. The reason is that if the court enters a judgment for sole custody to you with parenting time for Dad on a regular schedule and an award of child support to you, the only way he can ever get that modified is if he can show that there has been a material change in circumstances since the original judgment was entered. On the other hand, if you get a judgment for joint custody based on your agreement for that arrangement, either party can move to nullify the original agreement and go for sole custody. The only basis for such a motion is that we do not agree to joint custody any more. On another point, before you move to Washington, talk to a lawyer in that state. It would appear that you could go to Washington to have your baby without actually moving there if Oregon law is more favorable to your position.
Answered on May 18th, 2016 at 3:36 AM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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Right now, neither of you has any legal duty toward the other. You do not have to tell him your moving or your new address, if you don't want to. When the child is born, you have no obligation to tell him so. Either one of you can file a parentage action at that point to ask the court to declare him the legal father. If no one files, there is no legal duty to involve him with the child. Mediation is not an alternative to filing an action with the court. It is a way of settling on an agreement once a parentage action has been filed. In WA custody, as such, is not the issue. What's at issue is a parenting plan that determines residential time and decision making authority. Both parents are treated equally. I suggest you discuss this with a lawyer before you decide to involve him with the child. If you don't want to have to deal with him, then don't do that. If you decide you do want him in the child's life, then you will have to deal with him forever. Now is the time to make that decision based on actual knowledge not on your assumptions about how the process might work or what you may want.
Answered on May 18th, 2016 at 3:35 AM

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