Check out some similar questions!

confoozed · Jun 13, 2012, 08:12 PM

I am currently living in Illinois, where I got pregnant with my ex boyfriend's child. The baby is currently 14 weeks. My family is planning to move to Florida and I am planning to move with them. I had a few questions regarding my situation...

What type of actions could be taken by the father before and after he has established paternity?
Could he make the child and I move back to Illinois after the child is born in Florida?
How would visitation most likely be handled by the court from Illinois to Florida?
If I decide to move back to Illinois could he keep me there if the baby was born in Florida?

AK lawyer · Jun 13, 2012, 08:35 PM

I'm confused too. Mishka31 asked a nearly identical question. Are you and she the same person?

AK lawyer · Jun 13, 2012, 08:40 PM

Originally Posted by confoozed

...The baby is currently 14 months. ...

In the other thread, it says 14 weeks. I assume Mishka31 meant she was 14 weeks pregnant. If, as you say, the baby is 14 months, that would have to mean the baby has been born and is that old.

Which is it?

confoozed · Jun 13, 2012, 08:44 PM

14 weeks, you are correct. I wrote that wrong.

AK lawyer · Jun 13, 2012, 08:46 PM

Originally Posted by confoozed

14 weeks, you are correct. i wrote that wrong.

Ok. As I wrote in the other thread, the father has no rights with respect to an unborn child.

Now please answer what I asked earlier. Are you and Mishka31 the same person? If so, these threads need to be combined.

confoozed · Jun 13, 2012, 08:47 PM

I deleted the old thread. It does not exist anymore.

AK lawyer · Jun 13, 2012, 08:56 PM

Originally Posted by confoozed

i deleted the old thread. it does not exist anymore.

Good.

To answer your question, if the baby is born in Florida, the Florida courts and not the Illinois courts would have jurisdiction to decide custody and visitation. If you were to move back to Illinois after the baby was born, and if no lawsuit concerning custody had been filed in Florida after the baby was born there (He cannot file before birth), jurisdiction would depend on the child's "home state". That is defined as the state where the child lived for the majority of his or her first six months of life. Thus, if for example you were to return to Illinois when the baby was one month of age, when the child is 2 months plus 1 day the father could sue you in Illinois.

If, on the other hand, you give birth in Florida, jurisdiction will remain there, provided you continue to reside in that state.

All if this is in the Uniform Child Custody Jurisdiction and Enforcement Act, which has been enacted in both states (as well as almost all of the other states).

confoozed · Jun 13, 2012, 09:12 PM

Originally Posted by AK lawyer

Good.

To answer your question, if the baby is born in Florida, the Florida courts and not the Illinois courts would have jurisdiction to decide custody and visitation. If you were to move back to Illinois after the baby was born, and if no lawsuit concerning custody had been filed in Florida after the baby was born there (He cannot file before birth), jurisdiction would depend on the child's "home state". That is defined as the state where the the child lived for the majority of his or her first six months of life. Thus, if for example you were to return to Illinois when the baby was one month of age, when the child is 2 months plus 1 day the father could sue you in Illinois.

If, on the other hand, you give birth in Florida, jurisdiction will remain there, provided you continue to reside in that state.

All if this is in the Uniform Child Custody Jurisdiction and Enforcement Act, which has been enacted in both states (as well as almost all of the other states).

Thank you very much. I actually tried to delete the thread but couldn't do it. How would I go about combining them? And what if I moved to Florida for a year, and then moved back when the baby was 1. and custody had been filed in flordia?

ScottGem · Jun 16, 2012, 04:20 AM

Originally Posted by confoozed

Thank you very much. I actually tried to delete the thread but couldnt do it. How would i go about combining them? and what if i moved to florida for a year, and then moved back when the baby was 1. and custody had been filed in flordia?

Your other account was banned and the threads removed.

Lets make this simple. Jurisdiction on custody of an unborn child starts where the child was born. If no court filings were done and the child moves, then jurisdiction rests where the child legally resides.

If both parents were residents where the initial court filings were done, then that area retains jurisdiction as long as one parent remains in that jurisdiction.

AK lawyer · Jun 16, 2012, 05:40 AM

Originally Posted by ScottGem

...
If both parents were residents where the initial court filings were done, then that area retains jurisdiction as long as one parent remains in that jurisdiction.

Actually, jurisdiction for the initial filing doesn't depend upon the residence of the parents, it hinges upon whether that state is the child's "home state". So, to answer OP's hypothetical question in her last post (Post #8), if she filed for and obtained an order in Florida, only Florida could modify such decree for at least 6 months from her moving the child back to Illinois. After that time, if either party were to ask an Illinois court to modify the decree, whether it could would depend upon whether she (OP) had become and remained a Florida resident.

ScottGem · Jun 16, 2012, 05:47 AM

Originally Posted by AK lawyer

Actually, jurisdiction for the initial filing doesn't depend upon the residence of the parents, it hinges upon whether that state is the child's "home state".

That's what I said; "Jurisdiction on custody of an unborn child starts where the child was born."

AK lawyer · Jun 16, 2012, 05:56 AM

Originally Posted by ScottGem

That's what I said; "Jurisdiction on custody of an unborn child starts where the child was born."

Except you suggested (by writing "If both parents were residents where the initial court filings were done, ...") that an initial custody determination depends upon the residence of the parents. It doesn't.

ScottGem · Jun 16, 2012, 06:09 AM

Lets try not to nitpick. That is not what was said or implied. What I was saying was that WHEN the initial court filing is done if both parents were in the jurisdiction, then that court retains jurisdiction. Which is a correct statement.

confoozed · Jun 16, 2012, 08:39 AM

Originally Posted by AK lawyer

Actually, jurisdiction for the initial filing doesn't depend upon the residence of the parents, it hinges upon whether that state is the child's "home state". So, to answer OP's hypothetical question in her last post (Post #8), if she filed for and obtained an order in Florida, only Florida could modify such decree for at least 6 months from her moving the child back to Illinois. After that time, if either party were to ask an Illinois court to modify the decree, whether it could would depend upon whether she (OP) had become and remained a Florida resident.

Thank you, this is much appreciated.