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pondere · Sep 17, 2013, 08:04 PM

My wife is 3 months pregnant we got married 8n NY state but we resided in Maryland she left and moved back to NY state with her parents can she just move out of state with my child and what rights do I I have as the father?

Alty · Sep 17, 2013, 08:53 PM

At 3 months pregnancy there is no child, at least not where most courts are concerned. Your wife could have an abortion without your permission, so she can move while pregnant.

Do start the proceedings for shared custody for when the baby is born. Talk to a lawyer. But really, until the baby is actually here, you can't force her to stay in the same State as you.

pondere · Sep 18, 2013, 01:13 AM

Originally Posted by Alty

At 3 months pregnancy there is no child, at least not where most courts are concerned. Your wife could have an abortion without your permission, so she can move while pregnant.

Do start the proceedings for shared custody for when the baby is born. Talk to a lawyer. But really, until the baby is actually here, you can't force her to stay in the same State as you.

thanks so when the baby is born if I am in MD and she is in NY how would Share Custody work?

joypulv · Sep 18, 2013, 02:22 AM

Custody arrangements will be hashed out before the judge. You may have to be the one to travel at first - issues of recouperating, breast feeding, etc. And does she drive, and does she have a car? All sorts of factors go before the court.

ScottGem · Sep 18, 2013, 03:26 AM

Also, if the child is born in NY, then NY with be the child's home state so proceedings may have to be done there.

I would immediately consult a MD attorney to see what, if anything, you can do to get MD to have jurisdiction.

As far as your rights to the child. Once it is born and paternity established, you will have the same rights as any father. You will just have to have a court enforce those rights.

AK lawyer · Sep 18, 2013, 05:18 AM

Originally Posted by Alty

...Do start the proceedings for shared custody for when the baby is born. Talk to a lawyer. ...

Actually, since they are married, OP could start a divorce now, in Maryland. But if the baby is born in New York custody would have to be determined there. The UCCJ&EA is funny that way.