my pregnant girlfriend is moving to another state (AL), we already have one child which she gave me custody of. She is unstable and emotionaly detatched from this child. She also has two other children that her mother has taken custody of for abandonment. Is there anything I can do to get my child from her. Since there are no custody papers on this child can i take the child from her or do I have to prove paternity first?

califdadof3

When you say gave me custody of ... was that through a court and it was ordered by the court that you recieved full custody ?

What state are you in now ?

notseen

yeah, i have legal residential custody. she is moving to AL I am in KS

ScottGem

You NEED to contact a local Family Attorney. Generally, you can't get custody until the child is born. But you may be able to stop her from moving until the child is born so you can file for custody.

I do have to wonder why you have continued to have sex with an emotionally unstable woman?

notseen

well, i guess it was because i thought we were going to stay together I was epecting to mary her. Me getting custody of my child was i did for "just in case"...good thing too or she would have taken her when she left

notseen

thank you for your reply, i cann't do anything to stop her from leaving by KS law. Dad doesn't have any rights till the kid is born

ScottGem

Has an attorney told you this? While its probably true that you have no rights until the child is born, you may have some rights to force the mother to have the child locally.

However, if it is true that you can't do anything until the child is born. Then you will have to file in the state where she moves to as soon as the child is born.