What rights does a mother have to move out of state for her unborn child? It would be from California to Maryland. Paternity has not been proven.

Thank you

If there is no court order or pending court case, she is free to move.
And in any event, the father can't have either until the baby is born.

But, once the child is born, the father can file for custody/visitation, though he would have to file in MD. If he gets visitation it would probably mean long term, like summers and holidays and it might be at your expense.

Actually it has already happened and there is case law showing that a case can be filed before the mother leaves the state even with an unborn baby to establish paternity. California had a case that was premtive and the courts allowed it to go through with a decision resting until after the child was born.

Family Code Section 7633 provides:

An action under this chapter [the Uniform Parentage Act] may be brought, an order or judgment may be entered before the birth of the child, and enforcement of that order or judgment shall be stayed until the birth of the child.


Ref:

Post #9

https://www.askmehelpdesk.com/family...ca-407377.html