|
|
|
|
Junior Member
|
|
May 22, 2012, 02:27 PM
|
|
Can a good father get custody of an unborn child?
My wife and I have been together for a yr. After she got pregnant she stopped taking her antidepressants. Ever since she has threatened to leave. Left once for a month pulling her kids out of school for a cross country trip. Now she is 4.5 weeks pregnant. And says she is done and refuses to work on us. She has 3 kids prior to our relationship that never had a father. 2 with same sperm donor and one with another jerk that's not even on the birthcertificate. She is going to take those 3 kids away from the only dad they have ever known as well as our unborn son. Would it be possible for me to file for custody and have it granted beforethe child is born? I live in GA with her at this time. But she may move to WAstate any day. She says kids don't need a dad. I disagree I am an awesome dad and have proved it many times over even with children that aren't my own. I do not want my son moved around from man to man and never have a daddy. I need help
|
|
|
Expert
|
|
May 22, 2012, 02:55 PM
|
|
You can not get custody of a unborn child, you have to wait till the child is born to file for any custody. You will have to prove in court that she is unfit.
You will not have any rights to the other kids that are not yours
Also before you start talking to anyone at the court, get the term "spem donor" out of your usage, that is a person who gives sperm at a sperm bank
|
|
|
Expert
|
|
May 22, 2012, 03:07 PM
|
|
Originally Posted by Fr_Chuck
...
You will not have any rights to the other kids that are not yours
...
Actually, at least some courts have adopted the "psychological father" theory to allow non-bio, non-adoptive parents to sue for custody. Check with an attorney in your jurisdiction to see if this concept might work there.
|
|
|
Junior Member
|
|
Jul 18, 2012, 06:35 PM
|
|
Jurisdiction in a divorce case
Determines jurisdiction in a divorce case?
|
|
|
Family Law Expert
|
|
Jul 18, 2012, 11:38 PM
|
|
There may have more than one answer. More info will help us.
|
|
|
Expert
|
|
Jul 19, 2012, 05:07 AM
|
|
Originally Posted by koolbreeze73
Determines jurisdiction in a divorce case?
This sentence is missing a subject. Should it be, perhaps, "what" or "who"?
|
|
|
Family Law Expert
|
|
Jul 21, 2012, 09:28 AM
|
|
Supreme Court of Georgia Bowman v. Bowman, 234 Ga. 348, 216 S.E.2d 103 -While parental rights are still intact, a third party can't get custody.
|
|
|
Family Law Expert
|
|
Jul 21, 2012, 09:29 AM
|
|
Originally Posted by JudyKayTee
So do I but I am not going to investigate it.
|
|
|
Expert
|
|
Jul 21, 2012, 09:37 AM
|
|
Originally Posted by JudyKayTee
The link comes right back to this same thread. You gave us the runaround. :)
|
|
|
Computer Expert and Renaissance Man
|
|
Jul 21, 2012, 09:38 AM
|
|
{threads merged} Please don't start multiple threads. If she leaves you can file for divorce in GA before she can establish residency in WA. This will help you file custody for you child. However, it might not help with the other children.
|
|
|
Junior Member
|
|
Jul 21, 2012, 09:42 AM
|
|
Originally Posted by AK lawyer
Actually, at least some courts have adopted the "psychological father" theory to allow non-bio, non-adoptive parents to sue for custody. Check with an attorney in your jurisdiction to see if this concept might work there.
She is 6 months pregnant with my son and has cut all communication. All I get from her is threats from ger mom. Neither one of them are mentally stable and have been and are involved in welfare fraud. We are still married, I live in ga and she has moved to wa state and filed for divorce within 3 weeks of getting there... in an effort to keep the child from having my last name and keep me out if the child's life
|
|
|
Expert
|
|
Jul 21, 2012, 09:44 AM
|
|
Originally Posted by JudyKayTee
If that's the case, and OP/ husband resides in Georgia, the Georgia court would have jurisdiction over a divorce case against his wife. And such jurisdiction should be reserved until the birth of the child, at which time custody of any children of the marriage can be decided.
This is a permutation of the UCCJEA which I haven't seen before. Quite an interesting chicken & egg problem, actually. Because absent a divorce (such as the case where the parents are not married), if the mom gives birth in Washington, custody jurisdiction will be in Washington under UCCJEA.
|
|
|
Computer Expert and Renaissance Man
|
|
Jul 21, 2012, 09:46 AM
|
|
Counter file in GA immediately (Monday morning). Claim that GA has jurisdiction since she has established residency in WA.
And get an attorney to do this
|
|
|
Junior Member
|
|
Jul 21, 2012, 09:46 AM
|
|
Originally Posted by AK lawyer
This sentence is missing a subject. Should it be, perhaps, "what" or "who"?
yes what or who
|
|
|
Expert
|
|
Jul 21, 2012, 09:46 AM
|
|
Originally Posted by koolbreeze73
... she has moved to wa state and filed for divorce within 3 wks of getting there. ....
Ah. Nice plot twist. Most (or many) states have a durational residency requirement for divorce filings. I'm not sure if Washington is one of them.
Did her Washington divorce complaint indicate that she is pregnant by you?
|
|
|
Junior Member
|
|
Jul 21, 2012, 09:49 AM
|
|
Originally Posted by AK lawyer
Actually, at least some courts have adopted the "psychological father" theory to allow non-bio, non-adoptive parents to sue for custody. Check with an attorney in your jurisdiction to see if this concept might work there.
I am familiar with that concept. I am also thinking of that as well
|
|
|
Junior Member
|
|
Jul 21, 2012, 09:51 AM
|
|
Originally Posted by ScottGem
{threads merged} Please don't start multiple threads. If she leaves you can file for divorce in GA before she can establish residency in WA. This will help you file custody for you child. However, it might not help with the other children.
She has not established residency, but the judge says he will grant her a divorce, but recommends her to do it all in Ga
|
|
|
Junior Member
|
|
Jul 21, 2012, 09:55 AM
|
|
Originally Posted by ScottGem
Counter file in GA immediately (Monday morning). Claim that GA has jurisdiction since she has established residency in WA.
And get an attorney to do this
She actually hasn't established residency. She is still covered under Ga medicaid. She is on a lease here and only left on May 27th
|
|
|
Junior Member
|
|
Jul 21, 2012, 09:57 AM
|
|
Originally Posted by koolbreeze73
She actually hasnt established residency. She is still covered under Ga medicaid. She is on a lease here and only left on May 27th
If I counter file in ga and she has the child in Wa state, where will custody be?
|
|
Question Tools |
Search this Question |
|
|
Add your answer here.
Check out some similar questions!
Can the father of my unborn child get 50% custody if I want primary custody?
[ 3 Answers ]
I'm 4 months pregnant and the father of the child and I are no longer together. For personal reasons I want to give the child my last name, not his. He says he can CHANGE the baby's last name once a paternity test is done. Is that correct?
Also, I want primary custody and would agree to give him...
Custody of an unborn child to the father?
[ 3 Answers ]
I am a potential Grandmother of a young son whom may have gotten a woman pregnant. My son wants "custody" of this unborn child when it is born sometime in the fall. What are his chances of child custody? He is currently living in Virginia and wants to relocate out of the state once the child is...
View more questions
Search
|