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  1. #1
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    Default Can You Prevent a Mother From Moving Before a Child is Born

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

    I am posting this for a not so tech savy friend...

    My friend is one of two guys who might be the father of an unborn child. He is positive it is his and based on the time frame it's almost certain. However, the mother has decided that despite the paternity of the child she is going to raise it with a different guy. At this point she is planning to leave California to be with her family in Hawaii for the birth and early raising of the child. She has cut him off from her life and is refusing to let him be involved with any of the doctor visits as well as refused to let him be there for the birth. His biggest fear is she will decide to stay in Hawaii despite the likelihood he is the father. He has gotten a consultation with a lawyer who basically says he has no rights until the baby is born.

    Will he be able to order a paternity test once the baby is born?

    If the child is his will he legally be able to demand that she move back to California (she is a California resident currently)?

    Is there anything he can do at this point other then wait for the birth and start saving money lol?!

    Appreciate any advice you can give.

  2. #2
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    Default Re: Can You Prevent a Mother From Moving Before a Child is Born

    Under California's version of the Uniform Parentage Act,
    Quote Quoting California Family Code, Sec. 7633.
    An action under this chapter may be brought, an order or judgment may be entered before the birth of the child, and enforcement of that order or judgment shall be stayed until the birth of the child.
    If you want to bring a paternity action, you may do so before the mother moves. If you choose to wait, there's a good chance you'll end up having to litigate in Hawaii and potentially try to dispute an acknowledgement of paternity signed by her new boyfriend -- or try to dispute the presumption of paternity from marriage, if they marry. If you do proceed with a paternity action, I suggest working with a lawyer.
    Quote Quoting Alan Russen
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    His biggest fear is she will decide to stay in Hawaii despite the likelihood he is the father.
    Should mom choose to remain in Hawaii, that's an outcome he will probably have to accept.

  3. #3
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    Default Re: Can You Prevent a Mother From Moving Before a Child is Born

    He has no right to demand anything and is not a father. Even if paternity is established, he won't have much luck with his "demands" that the child be returned to California. Except for visitation. How did your "friend" even entertain the notion that he could control the whereabouts of another adult? That is insane.

  4. #4
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    Default Re: Can You Prevent a Mother From Moving Before a Child is Born

    While California has a law that allows an action to be brought before birth I wouldn’t count on that being of much help in this situation since he cannot prove paternity at this point. There are at least two guys who could be the possible father here and evidently he is not and has not been married to her. So there isn’t any presumption of paternity to attach here. As a result, a court might be reluctant to enter any orders against the mother when it is not even certain that your friend is the father. Moreover, of course, going to court costs money and it sounds like he’s bit short on cash right now. If he is the father, money will be an issue because he’ll be ordered to pay child support. He’s consulted a lawyer and is free to consult another one for a second opinion if he wishes. He ought to listen carefully to what those lawyers tell him about his options.

  5. #5
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    Default Re: Can You Prevent a Mother From Moving Before a Child is Born

    Yet, judges have ordered an unwed pregnant mother to NOT leave the state which (as argued by LLW) may be an illegal order but (as argued by CC) something of a standard order along the lines of a restraining order.

    So who knows?

  6. #6
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    Default Re: Can You Prevent a Mother From Moving Before a Child is Born

    Quote Quoting Taxing Matters
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    As a result, a court might be reluctant to enter any orders against the mother when it is not even certain that your friend is the father.
    It's reasonable to say that the court will order a paternity test to be conducted after the child is born, but is unlikely to do anything more before that time. The advantage of filing the paternity action before birth is that it preserves jurisdiction in California, while if mom moves to Hawaii and adds her current boyfriend to the birth certificate when the child is born in that state, there's a whole 'nother layer of cost and complexity.
    Quote Quoting Taxing Matters
    If he is the father, money will be an issue because he’ll be ordered to pay child support.
    If he wants to be the child's father, that's inevitable. If he chooses not to act now, he can expect that his options will be more expensive, more complex, and less likely to succeed if and when he seeks to establish paternity in the future.
    Quote Quoting Dogmatique
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    Yet, judges have ordered an unwed pregnant mother to NOT leave the state....
    Rarely and anecdotally, with no support in the case law and in contravention of the mother's constitutional rights. Are you aware of any recent examples in California? Of any that are notable for anything other than the judge being overruled?

  7. #7
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    Default Re: Can You Prevent a Mother From Moving Before a Child is Born

    Quote Quoting Mr. Knowitall
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    It's reasonable to say that the court will order a paternity test to be conducted after the child is born, but is unlikely to do anything more before that time. The advantage of filing the paternity action before birth is that it preserves jurisdiction in California, while if mom moves to Hawaii and adds her current boyfriend to the birth certificate when the child is born in that state, there's a whole 'nother layer of cost and complexity.
    Agreed. My point, though perhaps not clear, is that filing the case now would not be of much help with the preventing the mother from moving to HI now or establishing any rights to visitation, etc, prior to the birth of the child. It won’t give him any rights to participate in any prenatal activities or even the birth of the child. Preserving jurisdiction in California may be valuable in and of itself, however, and that’s something the OP ought to find worth discussing with his lawyer.

  8. #8
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    Default Re: Can You Prevent a Mother From Moving Before a Child is Born

    There was that odious Bode Miller case, but he was forced to return the baby to the mother, and now they have a shared parenting plan.

    Women are not your personal property, even if you think they may be carrying your child.

  9. #9
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    Default Re: Can You Prevent a Mother From Moving Before a Child is Born

    Quote Quoting Taxing Matters
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    Agreed. My point, though perhaps not clear, is that filing the case now would not be of much help with the preventing the mother from moving to HI now or establishing any rights to visitation, etc, prior to the birth of the child. It won’t give him any rights to participate in any prenatal activities or even the birth of the child. Preserving jurisdiction in California may be valuable in and of itself, however, and that’s something the OP ought to find worth discussing with his lawyer.
    I would also like to point out that while filing a case prior to birth would allow California to attempt to assert jurisdiction, the child would be born in Hawaii, and would be a legal resident of Hawaii upon birth. Therefore, Hawaii would also have every right to assert jurisdiction. Some states would tell CA to take a hike if CA attempted to assert jurisdiction over a child born in their state. Heck, it might even boil down to the opinion of a judge unless someone is willing to take it to appeal.

    CA is one of only a handful of states that attempt to assert jurisdiction over an unborn child.

    If Hawaii is a state that does not concede jurisdiction to other states of children born in their state, then any orders made by CA could be unenforceable in Hawaii.

  10. #10
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    Default Re: Can You Prevent a Mother From Moving Before a Child is Born

    California would not lose jurisdiction over the paternity case merely because the mother moved after she was served. However, the question of custody jurisdiction is more complicated and, if the child is born in Hawaii, those issues might have to be resolved in Hawaii.

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