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draco6352 · Apr 28, 2012, 03:35 PM

I had came home from work to find my ex gone and she had left to Kentucky with my unborn son. I want to know what rights do I have to help me when the baby is born? Also my ex has no money,job,car or her own place she is completely supported right now on her friends and some family in Kentucky I have a Job,my own house transportation and I have the means to provide for my son when he is born can that help me in court? We have talked once since she has left and she had told me that I would know what's going on with the baby through Facebook updates and pictures can she kept my son from me even if I am wanting to be there for him? We are not hostile towards each other but she is refusing to talk anymore about it with me I have no plans on leaving her out to dry I want to support my son and have the same rights as my ex to our soon to be born son. I plan on seeing an attorney here shortly but do I need to get one in the state of Kentucky or in the state I live in now? I'm sorry for all the questions I just don'y know what to do yet Thank you for any help

ScottGem · Apr 28, 2012, 03:43 PM

Right now you have no rights. But once the child is born, you will have the same rights as any father. The only difference is you will have to go to court to enforce those rights.

No one can predict what a court will do. The KY court may decide to leave the child in the mother's primary care and give you visitation or they may decide that you can offer the child more and give you custody.

You will need to get a local attorney, but your attorney will probably need to work with a KY attorney since KY will probably have jurisdiction.

draco6352 · Apr 28, 2012, 03:54 PM

Ok also I have another question I found out she was in Kentucky when the day of our monthly doctors I always take her and that's when I found out she left. From what I know she has done this out of SPITE can that be used against her? I don't want a nasty custody battle because it's not fair to drag a our child through it

ScottGem · Apr 28, 2012, 04:25 PM

No, because you can't prove spite. However, you can show that you stood ready to care for and raise the child. That her leaving denied the child a full time father and did nothing to enhance the child's quality of life.

Your attorney can best advise you of a viable strategy,

draco6352 · Apr 28, 2012, 04:27 PM

Ok thank you for your help I really needed to hear some advice from someone

Fr_Chuck · Apr 28, 2012, 04:33 PM

And how long till the child is born, since if she does not live in Ky long enough to establish residency it is possible that the court in your state may hear the case. But that is what attorneys will fight about with motions and past court rulings.

draco6352 · Apr 28, 2012, 04:47 PM

The baby is due in 16 weeks

AK lawyer · Apr 29, 2012, 06:09 AM

Originally Posted by Fr_Chuck

... if she does not live in Ky long enough to establish residency it is possible that the court in your state may hear the case. ...

No. This issue was discussed extensively a few days ago in this thread.

If the child is born in Kentucky, that state will be the child's "home state" according to the UCCJEA.

Although, there does happen to be a Kentucky case (of all places) to the contrary:

"... Gullett v. Gullett, 992 S.W.2d 866 (Ky. Ct.App.1999). There, a child-custody suit was filed in Kentucky prior to the child's birth in Ohio. The court applied the "no other court has jurisdiction" statutory provision in the Kentucky version of the UCCJEA, and held that Kentucky had jurisdiction because "no other state... appeared to have custody jurisdiction over the unborn child at the time the dissolution petition was filed." Id. at 870 ...". UPDATES IN MICHIGAN FAMILY LAW: Can a father file a pre-birth custody action?