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    burnedinva's Avatar
    burnedinva Posts: 1, Reputation: 1
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    #1

    Aug 30, 2010, 06:03 PM
    Leaving the state with a child
    I am 9 mo. Pregnant with my estranged husbands baby. He decided to end the relationship almost immediately after finding out I was pregnant. I moved out 3 mo. Into my pregnancy. We were married and living in Fl. Before relocating to Va. For a job for him. I decided immediately after the separation I would return to Fl. After the birth to be with family who could help me as a single mom. This was made known to him. At times he agreed it would help me, and has expressed he would move to Fl. To me as well as other family members. However, he has also threatened to get a court order to stop me from leaving more than once. There are no divorce preceedings in the works, or any other legal filings yet placed. Can I proceed with my plans?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Aug 30, 2010, 06:18 PM

    You can, but then he can also file for custody of the child and demand the child be returned to VA. You will have to return there for could if he does file to defend against this.

    Remember even if you get custody, he is going to get visitation at least, if not joint custody if he wants it.
    So if he is threatening to go to court, *** and he can not till child is born, then he may well do it.

    You really need to have the baby and get all of the court issues solved before moving
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Aug 30, 2010, 07:12 PM

    Please pay more attention to posting guidelines. There is a Read First sticky in the Children forum (where this was moved from) that directs questions of a legal nature to this forum.

    Absent any court order, you can move. But he can institute court proceedings which may force you to return. You are better off filing for divorce and attempting to get full custody.
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