Child Conceived After Divorce

[worriedman1]

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

My ex wife and were divorced in 2001 in NC. We had no children during our marriage. My ex-wife and I got back together in 2012. She just recently found out she is pregnant, the baby is mine, but she no longer wants to be in the relationship. Will I have to amend the divorce decree to get custody? Also, we are living in a different state now. Does that matter?

[flyingron]

The divorce decree still stands, there is nothing to "amend." This is as if you had never been married and had a child out of wedlock.

You should consult an attorney about your support/custody issues if you think they will be contentious with the child's mother.

[worriedman1]

I plan to talk to an attorney soon.

Another question I have is, she is planning to move out of state before the baby is born. Can I stop her? Will I have to fight for custody in that state? What if she won't put me on birth certificate. I read somewhere that since the baby was conceived here, I could file suit here in Texas? She said she was going to move back to California where her sister is at to live with her.

[Dogmatique]

You can't stop her from moving before she gives birth.

Having said that, at least one state allows for a paternity suit to be filed prior to the birth, essentially deciding jurisdiction ( at least temporarily). That's only one part of the equation though and if that's the route you want to follow, you need - and I do mean need - to get yourself to an attorney as soon as possible.

[flyingron]

She can move.
California allows her not to state the father on the birth certificate.
If the baby is born and the mother is living in California, you'll have to pursue paternity there.

[CourtClerk]

Let her move to CA. File suit in CA. You can file against her while she's still pregnant. She just needs to meet the residency requirements.

[llworking]

Let her move to CA. File suit in CA. You can file against her while she's still pregnant. She just needs to meet the residency requirements.

However, nothing will get decided until after the child is born and paternity is established. All that filing before the baby is born will speed up the process a little.

[Mr. Knowitall]

You can file a paternity action in Texas prior to the birth of the child.

(a) A proceeding to determine parentage commenced before the birth of the child may not be concluded until after the birth of the child.

(b) In a proceeding described by Subsection (a), the following actions may be taken before the birth of the child:

(1) service of process;

(2) discovery; and

(3) except as prohibited by Section 160.502, collection of specimens for genetic testing.

[worriedman1]

Can I still do that if she moves before I get a chance to? Can I file for custody in texas, too?

[Mr. Knowitall]

If you choose not to act in a timely manner, you will encounter issues with jurisdiction and service of process. If you want to commence a paternity suit in Texas, it would be sensible to get it filed and served before the mother moves. You can simultaneously petition for a custody and support order. If the mother moves before the child is born, she may attempt to raise jurisdictional objections to having the custody case heard in Texas.