Legal Question in Family Law in California
Any rights for a pregnant woman?
About 2 month ago I moved from FL to CA to be with my fiance. Things were great till he started to become very demanding and mentally abusive. Things went down hill shortly after and the living conditions with him are hostile.
Anyway, I just found out that I am 6 weeks pregnant and I decided to move back to FL. However, my fiance stated that he will call child services for kidnapping an unborn child. In addition, he wants to tell child services that I am not taking care of my 6 year old child (from previous marriage) which is absolutely not true. He also stated, even if I make it to FL he will make sure to hire the best lawyer so I would lose custody rights over the unborn baby. He stated that he can get easily custody rights since he makes more money that I am.
What are my rights as a pregant--name removed-- Can he just call Child Services on me that I am kidnapping an unborn child and that I am not taking care of my 6 year old child? What are my rights after the baby is born?
2 Answers from Attorneys
Re: Any rights for a pregnant woman?
You need to contact a Florida attorney and discuss, usually the domicile for the last 6 months determines were the case would be heard, if you move now you will be in Florida for over 6 months before the birth and before the child is born thus they would have jurisdiction. Think if your safety first.
Re: Any rights for a pregnant woman?
You have a constitutional right to move anyplace your want and since the baby is in you, he cannot stop the move. I strongly suggest that you move to Florida before the baby is born so that Florida will have jurisdiction over custody of the child. As to complaints about the 6 year old, he will just be shown a liar if you are taking care of the child. The court does not award custody to the parent with the most money. If you are breast feeding the baby, you will be very difficult to replace for several months. After that you are bonded to the child and I can't see the court making a change. Good Luck, Pat McCrary
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