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-   -   Mother wants to move out of state (https://www.askmehelpdesk.com/showthread.php?t=731760)

  • Feb 1, 2013, 03:26 PM
    jmmcgrorty
    Mother wants to move out of state
    I am currently pregnant with my second child. Father has the possiblty of going to jail if he gets caught driving on a suspended licence. He has a past experiece of 3 duis in 3 months time. He smokes pot in front of our 1 year old everyday. He has been supporting myself and our child for the past year. He just recebtly cheated on me and we are over for good. I would like to move out of state to be with my family. They have a house for me and my children to live in that is paid for. What are my chances of getting custody of my children so I can make the long move?
  • Feb 1, 2013, 03:37 PM
    cdad
    Only the courts will tell you what types of custody your going to get. But you need to wait until the baby is born to file. If you move away now you might be forced to return or return the child to the father.

    Is the first child this fathers also or just the one your currently carrying.
  • Feb 1, 2013, 04:19 PM
    jmmcgrorty
    Both children are his. What if he gets thrown in jail if he gets pulled over? He will get a years time. He is a drunk pothead there is no way he is going to keep going without getting busted.
  • Feb 1, 2013, 04:21 PM
    jmmcgrorty
    Quote:
    Originally Posted by jmmcgrorty View Post
    Both children are his. What if he gets thrown in jail if he gets pulled over? He will get a years time. He is a drunk pothead there is no way he is going to keep going without getting busted.
    Would I have better chances of getting custody of the kids so I can move before I give birth?
  • Feb 1, 2013, 05:04 PM
    cdad
    No as the courts won't be able to decide on the other cild until they are born. They are not allowed to rule on the unborn.
  • Feb 1, 2013, 05:30 PM
    AK lawyer
    Quote:
    Originally Posted by califdadof3 View Post
    Only the courts will tell you what types of custody your going to get. But you need to wait until the baby is born to file. If you move away now you might be forced to return or return the child to the father.

    Is the first child this fathers also or just the one your currently carrying.
    Dad, I have explained this to you before, so I don't want to go into detail again, but,

    Jmmcgrorty, assuming you are in the US and desire to move to another state,
    • if you move before you give birth, and if he then sues you for visitation or custody, he would have to sue you there (the state to which you move).
    • If, on the other hand you give birth where you are now, jurisdiction would be in your current state for 3 months (assuming you were to move the next day)


    It's the Uniform Child Custody Jurisdiction and Enforcement Act. Law in 49 states.
  • Feb 1, 2013, 05:35 PM
    cdad
    Quote:
    Originally Posted by AK lawyer View Post
    Dad, I have explained this to you before, so I don't want to go into detail again, but,

    Jmmcgrorty, assuming you are in the US and desire to move to another state,
    • if you move before you give birth, and if he then sues you for visitation or custody, he would have to sue you there (the state to which you move).
    • If, on the other hand you give birth where you are now, jurisdiction would be in your current state for 3 months (assuming you were to move the next day)


    It's the Uniform Child Custody Jurisdiction and Enforcement Act. Law in 49 states.
    There is already one child (the first one born) that can and will be held in dispute. Also if he files when she leaves it too would hold the home state to be the one she wants to leave.

    California already has a premptive filing procedure where a filing can be made and a judement can be held until the child is born.
  • Feb 1, 2013, 05:39 PM
    cdad
    Quote:
    Originally Posted by AK lawyer View Post
    Dad, I have explained this to you before, so I don't want to go into detail again, but,

    Jmmcgrorty, assuming you are in the US and desire to move to another state,
    • if you move before you give birth, and if he then sues you for visitation or custody, he would have to sue you there (the state to which you move).
    • If, on the other hand you give birth where you are now, jurisdiction would be in your current state for 3 months (assuming you were to move the next day)


    It's the Uniform Child Custody Jurisdiction and Enforcement Act. Law in 49 states.

    The UCCJA based jurisdiction on a child's
    Close affiliation with a State. Specifically, it
    Established four jurisdictional grounds:
    U Home State (reserved for the State in
    Which the child has lived for at least 6
    Months preceding commencement of
    The action).

    * Significant connection (exists when a
    State has substantial evidence about a
    Child as a result of the child's significant
    Connections to that State).

    * Emergency (governs situations such as
    Abandonment or abuse that require
    Immediate protective action).

    * Vacuum (applies when no other jurisdictional
    Basis exists).

    Except in emergency cases, the UCCJA
    Eliminated a child's physical presence in a
    State as grounds for exercising jurisdiction.
    As a result, a court could no longer
    Base jurisdiction solely on a child's presence
    In the State, nor would a child's
    Absence from the State necessarily deprive
    The court of jurisdiction.

    PDF file:

    http://search.yahoo.com/r/_ylt=A0oG7...jdp/189181.pdf
  • Feb 1, 2013, 05:58 PM
    AK lawyer
    Section 102 (7) makes it clear that, the moment the child is born, the state of birth becomes his or her "home state". And "home state" trumps everything else.
  • Feb 1, 2013, 06:14 PM
    jmmcgrorty
    The move would be from Montana to Florida. Parents have a paid for house for me. What if he went to jail for a year. What would
    The most likely outcome be?
  • Feb 1, 2013, 06:19 PM
    cdad
    Quote:
    Originally Posted by AK lawyer View Post
    Section 102 (7) makes it clear that, the moment the child is born, the state of birth becomes his or her "home state". And "home state" trumps everything else.
    It doesn't make anything clear. It does give a reason for a home state to exist. But it by no means automatically grant that state as a home state.

    Ref:

    Where Is the Home State of the Child?
    The definition of home state has not substantively changed from the UCCJA definition; it is
    Still:
    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 childcustody
    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. §50A-102(7).
    In an ideal world, the identification of a home state would be a no-brainer. However, there
    are factual situations which can create difficulty in ascertaining the home state. Although a child’s
    Legal residence is generally that of the parents, the determination of home state is different than the
    Determination of the child or parents legal residence. Cransford v. Cransford, 2000 WL893293,
    (N.Y.A.D. 3d Dept.).

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