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  1. #1

    Default Son's Girlfriend Wants to Move

    My question involves a child custody case from the State of: Wisconsin

    My son got his girlfriend pregnant. They will both be 18 when the baby is born. She keeps telling him that she is going to move to Florida to live with her mom. Our son, and ourselves, want to have a relationship with this baby, which won't happen if she moves 3000 miles away. Is there anything we can do to keep her from moving away?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Son's Girlfriend Wants to Move

    Once the child is born, your son can file a paternity suit (if he doesn't sign an AOP). Either way, he must first establish legal paternity. Once that is started, he can also seek visitation. In that, he can ask the girl not be allowed to remove the child from the state of Wisconsin and in some states, even limit movement within the state beyond some stated distance.

    he may want to consider registering with the Wisconsin Paternal Interest Registry if he believes she will attempt any actions that affect his status.

  3. #3

    Default Re: Son's Girlfriend Wants to Move

    How will this work if she leaves before the baby is born?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Son's Girlfriend Wants to Move

    You cannot prevent her from moving before the baby is born because there is no legal father yet and he cannot restrict her actions. If she has not established residency in Florida by the time the child is born, your son can attempt to file a custody action in Wisconsin and ask the child be returned to Wisconsin. If she contests jurisdiction, it will be up to the courts to determine who has jurisdiction.

    If she is in Florida long enough to establish residency, it is likely Florida will have jurisdiction and there isn't a lot your son can do to demand the child be returned to Wisconsin. All he can do is seek a visitation schedule which, for the first year, at least, will likely involve him going to Florida to see his child.

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