QUESTION
Which is a better child birth location and what will be my ex boyfriend's parental rights?
Asked on Oct 26th, 2013 on Child Custody - Oregon
More details to this question:
Hi, I'm almost 7 months pregnant. The father is my ex boyfriend. Relationship is over 2 years ago but still in contact with him (obviously). He demanded abortion, made several threats. I had a restraining order moved BACK to South California for a job and now he is demanding parental rights. He's in Oregon. My family is in Oregon. My car, drivers license, tax home is California and has been for several years. I was back in Oregon for about a year for family stuff always planning on returning to S Cal. I'm an RN on a 4 month assignment at Cedars ending January 5. My due date is January 28th. If I return to my family's home in Oregon (different city than ex boyfriend) and deliver there, can he attempt to keep me in Oregon, or create more of a fight- drama hearthache whatever vs me delivering her here. I need Oregon and California advice please. Also, what is his lawyer telling him? His threats are mostly documented, many verbal. Restraining orders were dismissed. I left the state. Thank you.
1 ANSWER
The answer depends on where you are when your baby is born. If the father of your child lives in Oregon and the child is born in Oregon, the Oregon court (in the county where the child is born) would have jurisidiction. After the child is born, you need to file a petition for filiation and determination of custody, parenting time and child support and have the child's father served as soon as possible. If he denies that he is the father of the child, you can move for an order requiring a paternity test which would conclusively determine whether or not he is the father. Once you have the petition filed and served, and he is determined to be the father, he would need to file a motion in order to get any parenting time. For a newborn, that would be a couple of hours of supervised parenting time, probably every other week. Meanwhile, he gets to pay child support. You need to consult with an attorney in Oregon if the child is to be born in Oregon and with a California attorney if you are going to have the child in California. Preferably the lawyer you consult with should be in the county wher the child will be born. If your child is born in California and the father lives in Oregon, you will have a harder time establishing the California court's jurisdiction over custody, parenting time and child support.
Answered on Oct 31st, 2013 at 7:05 AM