QUESTION

How does custody work when biological father moves out of state and child is not born yet?

Asked on Sep 22nd, 2015 on Child Custody - Michigan
More details to this question:
I live in Michigan and I am currently pregnant. The biological father of my baby moved out of state. He is now stating he wants custody of the child once it is born. He lives with his father in another state. I live in Michigan with my parents and my child from a previous relationship. In regards to my unborn baby, what are the biological father's rights? Can he get custody and take my baby to another state? What if I don't have the means to travel? If I get custody to keep the child in Michigan, could I be required to travel to another state to allow him to see the child? Any information you can provide would be great.
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2 ANSWERS

You should file a paternity case to get custody and establish what rights the father will have. It is doubtful that will be able to take the child out of state. Consult with an attorney to discuss your options further.
Answered on Sep 23rd, 2015 at 5:27 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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The biological father has all the rights of any other parent. I am assuming that the conception and your relationship with him was in Michigan, and that he has decided to move. If that is true generally the courts will cause him to bear the majority of the additional costs caused by his volitional move. Regarding custody, it is generally rare for a father to get the custody of an infant immediately following birth. On the other hand, depending on the circumstances, it is certainly possible that he could get custody is the biological father, and if that was established, that might be in a different state. All of the various factors would be taken into consideration as well as your means and ability to travel. I would suggest that you see an attorney regarding establishing the Michigan courts jurisdiction over the unborn child prior to the time that he seeks to have another state's courts gain control.
Answered on Sep 23rd, 2015 at 5:10 PM

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