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Father's custody
You mentioned New York, Florida and New Hampshire... do you know what the laws are in North Dakota and Minnesota? Another quick question... I know Minnesota favors the mother in these cases unless she is completely incompatent... if here husband lives in North Dakota is she not considered a resident of North Dakota then? If my name is on the birth certificate am I in all rights allowed to take the baby home from the hospital?
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You need a lawyer who is both licensed to practice in both MN and ND. There are many of those, believe it or not. You also need to CALM DOWN! The baby is not born yet and you are freaking out. If you cannot afford an attorney, call your Legal Assistance Association. Both MN and ND have them.
You asked if the mother for the child is considered a resident of North Dakota if the husband lives in North Dakota. Do they live together? If they live in the same house or apartment, yes, she is a resident of ND. Does she live in MN and he lives in ND? Her residency status depends on how long she has lived in MN. You just do not move across the Red River and bingo! You become a resident of MN. I used to live in Fargo and people moved back and forth between Fargo and Moorhead all the time. You need to sit down and clear your head. Talk to someone who has the legal knowledge that you want the answers to. By the way, North Dakota does favor the mother most times. Unless the mother can be proven unfit. Here are some cases that you can read through: Interest of K.P., 267 N.W.2d 01 (N.D. 1978) Silseth v. Levang, 214 N.W.2d 361 (N.D. 1974) You can call the Child Protective Services in your county and ask your question. They know the specific laws and conditions that need to be met to declare a parent unfit. Here is the ND Century Code on child custody: http://www.legis.nd.gov/cencode/t14c09.pdf http://www.legis.nd.gov/cencode/t14c091.pdf For other topics in the ND Century Code that pertain to domestic relations and persons see: North Dakota Century Code |
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