QUESTION

I’m 2mo pregnant. The father and I are not married nor do we live together. Does he legally have to be be involved in this pregnancy/baby’s life?

Asked on Aug 02nd, 2023 on Child Custody - Wisconsin
More details to this question:
The father and I have been together for 3 years. He’s unfit to be a parent and I don’t want him involved in this pregnancy/baby’s life. And I’m considering moving out of state to live with my mother. Does he have a right to be involved with the baby? He has 2 felonies on his record for selling marijuana and he’s constantly cheated on me our entire relationship.
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1 ANSWER

Appellate Practice Attorney serving Cockeysville, MD at Law Office of Jason Ostendorf LLC
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I see that you are in Wisconsin. As an Annapolis child custody lawyer, my area of practice is confined to Maryland law. But, nevertheless, I can provide some general insights into your situation. Typically, the legal rights and responsibilities of a biological father can vary from state to state, but generally speaking, a biological father has certain constitutional rights to be involved in his child's life. This usually includes the right to seek visitation or even custody. However, these rights are balanced against the best interests of the child. If a court finds that a parent is unfit due to issues such as criminal activity, substance abuse, or other factors that may put the child's well-being at risk, they can limit or even terminate those rights. Regarding your thoughts on moving out of state, again, laws vary, but it's generally allowed for a pregnant woman to move and live wherever she wishes. Once the child is born, however, issues of custody and parental rights can become more complex, especially if the other parent wishes to be involved and you wish to limit their involvement. In your situation, it would be highly advisable to consult with a family law attorney in Wisconsin to understand the specific legal implications of your decisions. They can guide you on the best way to protect your interests and those of your unborn child under Wisconsin law. This is an important and potentially complex situation, so having professional legal advice is crucial. Remember, the information I provided is based on general principles and may not fully reflect the laws in your state.
Answered on Aug 03rd, 2023 at 12:45 AM

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