[koolbreeze73]

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

[Fr_Chuck]

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

[AK lawyer]

...
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.

[koolbreeze73]

Determines jurisdiction in a divorce case?

[GV70]

There may have more than one answer. More info will help us.

[AK lawyer]

Determines jurisdiction in a divorce case?

This sentence is missing a subject. Should it be, perhaps, "what" or "who"?

[JudyKayTee]

Determines jurisdiction in a divorce case?

I suspect husband in Georgia, wife in Washington (State).

https://www.askmehelpdesk.com/family...ld-662553.html

[GV70]

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.

[GV70]

I suspect husband in Georgia, wife in Washington (State).

https://www.askmehelpdesk.com/family...ld-662553.html

So do I but I am not going to investigate it.

[AK lawyer]

I suspect husband in Georgia, wife in Washington (State).

https://www.askmehelpdesk.com/family...ld-662553.html

The link comes right back to this same thread. You gave us the runaround. :)

[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.

[koolbreeze73]

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

[AK lawyer]

I suspect husband in Georgia, wife in Washington (State).

https://www.askmehelpdesk.com/family...ld-662553.html

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.

[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

[koolbreeze73]

This sentence is missing a subject. Should it be, perhaps, "what" or "who"?

yes what or who

[AK lawyer]

... 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?

[koolbreeze73]

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

[koolbreeze73]

{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

[koolbreeze73]

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

[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?