Wait... Scott... You said he can file and make me return while pregnant.
How's that? I can just say its not his?

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Originally Posted by wittenauer

So... Urgh.
Lol

Well crap.

If I move, is there something I can file before the baby is born, from another state, to get a jump on him? Like child support or paternity?

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Just as he is restricted from filing for visitation before birth. You can not ask for child support if the child has not been born yet. Also you wouldn't be a resident of the state you move to for about 6 months. You can't file there anyway before that time limit has expired even with the first child.

I didn't say he can make you return "while" pregnant. And HE can't make you return. But a court can. And I would not lie about it, that can backfire on you.

Ooook.
So, basically, I'll just need to cross my fingers and hope that he realizes that he can't take care of a newborn.
Hes very immature.

If I have no where to live in Missouri, couldn't I appeal or something... They won't make me move to a shelter would they?

Well that is an issue, one of the reasons I think you are better off moving first. Though they might require that you just return the child. Whether you want to come too will be your choice.

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Originally Posted by wittenauer

... I would have to put his name on the birth certificate, ...

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I don't think an unmarred mother can do that unless the putative father signs an affidavit of paternity.

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Originally Posted by wittenauer

... I would ... use his last name for my son if I stay. ...

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However the mother can put the father's surname on the BC, in most states.

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Originally Posted by califdadof3

He can file before the child is born with intention to establish paternity. ...

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Really? I never heard of such a thing. Can you cite a pertient Missouri or Washington statute on that?

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Originally Posted by califdadof3

... Also you wouldnt be a resident of the state you move to for about 6 months. ...

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Doesn't really matter. The UCCJ&EA is very clear on this. If the baby is born in Washington, Washington is the child's home state from the get-go.

"SECTION 102. DEFINITIONS. In this [Act]:

...
(7) "Home State" means the State in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child-custody proceeding. In the case of a child less than six months of age, the term means the State in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period."

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Originally Posted by AK lawyer

Really? I never heard of such a thing. Can you cite a pertient Missouri or Washington statute on that?



Doesn't really matter. The UCCJ&EA is very clear on this. If the baby is born in Washington, Washington is the child's home state from the get-go.

"SECTION 102. DEFINITIONS. In this [Act]:

...
(7) "Home State" means the State in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child-custody proceeding. In the case of a child less than six months of age, the term means the State in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period."

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Here you go. This is for Mo.

The other method is through court proceedings. A man may file a paternity action or a combination paternity/custody/visitation/child support action with the proper court. In this action the man may request that the court order genetic testing of the man, mother and child to determine if the man is the natural or biological father of the child. While this can be done before the child is born, I do not know of a court that will order the testing before the child is born.

Ref: Missouri Family and Divorce Lawyer Blog: Missouri Paternity Rights -Putative Father Registry

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Originally Posted by califdadof3

Here you go. This is for Mo.
...

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Ok, I misunderstood you. I thought you were saying that a man could file some sort of intent to pursue custody/visitation pre-birth. The blog you are linking to discusses filing with the Missouri putative father registry, not some sort of pre-birth "lis pendens".

To summarize, I think what AK posted indicates that if the OP moves pre-birth and the child is born in WA, WA will have jurisdiction regardless of the mother establishing residency.

However, if the father files in MO pre-birth, MO will then retain jurisdiction.

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Originally Posted by ScottGem

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However, if the father files in MO pre-birth, MO will then retain jurisdiction.

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No, there is no authority for filing a lawsuit for custody, in Missouri or elsewhere, before the baby is born. That "intent to file" business that califdadof3 brought up was about the putative father registry. The PFR would only be pertinent if the mom tried to give the child up for adoption and claimed she was clueless as to the identity of the bio-dad. It protects him.

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Originally Posted by AK lawyer

No, there is no authority for filing a lawsuit for custody, in Missouri or elsewhere, before the baby is born. That "intent to file" business that califdadof3 brought up was about the putative father registry. The PFR would only be pertinent if the mom tried to give the child up for adoption and claimed she was clueless as to the identity of the bio-dad. It protects him.

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I put the quote up so you could see it. He can in fact file for a paternity test to be done at the child's birth and pending the outcome of that test should he be the legal father then it would remain in Missouri. Since that is where the first action was taken. It is even highlighted in red that the father may file prebirth. No actual orders other then those surrounding the testing of DNA can be ordered until the moving party is proven the parent.

The prefiling has weight and merrit and has been upheld in at least California and children have been returned because of it. There is a fine line between a woman's rights and those of the child.