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DalilahBell · Sep 6, 2013, 08:54 PM

I am unmarried and pregnant. I moved from the state I was living in (Indiana) to Texas to stay with my parents while I have the baby (due in January). My plan is to move back to Indiana in the summer following the babies birth. The father of my child is attempting to sue me to restrain me in the state of Indiana (I had already moved when I received this paperwork), establish paternity (of a child that's not born yet) & establish custody (again of a child that's not born and that paternity is not established). Does he have these rights over an unborn child or will he have to wait until the child is born?

Fr_Chuck · Sep 7, 2013, 12:48 AM

He has to wait till child is born. how is he "attempting" he is just threatening now ?

cdad · Sep 7, 2013, 05:47 AM

What has been filed with the courts?

AK lawyer · Sep 7, 2013, 07:39 AM

Does he have these rights over an unborn child...

No. Either he is representing himself, or his attorney is dumber than a post. If he has filed an action in Indiana, move to have it dismissed.

... or will he have to wait until the child is born?

Yes. And then he will have to sue in Texas (as long as you the child continue to live there, in any event). See the Uniform Child Custody Jurisdiction And Enforcement Act.

ScottGem · Sep 7, 2013, 08:00 AM

cdad's question is pertinent. What do you mean by attempting to sue? If all you have received are threats from him, he's blowing smoke. He might be able to file a petition in Family Court to get it on record, but the court will postpone any action until the child is born AND moves back to IN. Some states do accept a filing before birth, but most don't.

But, as soon as the child is born, he has full rights to pursue paternity, custody and visitation.

AK lawyer · Sep 7, 2013, 09:41 AM

Originally Posted by ScottGem

... He might be able to file a petition in Family Court to get it on record, but the court will postpone any action until the child is born AND moves back to IN. Some states do accept a filing before birth, but most don't....

If that's the case, I will admit I was being too hard on OP's attorney (if there is one). It would have been reasonable to file pre-birth (if allowed), to insure service of process on OP, and assuming that they didn't know she had, or would, move to Texas.

After the child is born (outside of Indiana), OP should move to dismiss the Indiana case.