andreafl75
Sep 4, 2012, 04:55 PM
My girlfriend got pregnant by another man when she cheated. They were never married, neither were she and I. Can she move from Florida to Oklahoma with me after the baby is born?
ScottGem
Sep 4, 2012, 05:18 PM
Depends. If the father chooses to stop it he may be able to claim paternity and prevent it.
AK lawyer
Sep 4, 2012, 06:14 PM
Depends. If the father chooses to stop it he may be able to claim paternity and prevent it.
To be more clear, after the child is born, the father would have to persuade a court of law that he is the father, and obtain a court order preventing her from taking the child out of the state. Until that happens, no, he cannot prevent her from taking her child out-of-state.
No litigation regarding paternity can happen before the child is born.
And courts of the state of birth will have jurisdiction, at least for a while. Say, for example, the child is moved from Florida to Okalahoma when he/she is one week old. If the bio-dad has not filed in court for 15 days after the date of birth, exclusive jurisdiction will be in Oklahoma (the state where the child has spent the majority of her/his life).