Legal Question in Family Law in Maryland

Unborn child and moving out of state

I am 7months pregnant and have been living with the baby's father. We are not married. I am now ready to move out and want to move out of state (over 1000 miles). I am going to establish my residence in the other state very soon, but the father has been pushing me to tell him exactly when I am moving which makes me think he may be going to try to serve me with something before I leave. If he does, does the state of Maryland then have jurisdiction over my unborn child? Even if not, is there an easy way to dispose of a suit....I really don't want to be tied up in litigation in another state for months or years b/c I was polite and let him know when I was leaving.


Asked on 6/25/07, 1:23 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Unborn child and moving out of state

If you move to another state before the birth, he would have to bring a legal action in that state. Theoretically he could file an action seeking custody of the child, although the chances of that being granted, assuming you are a fit mother, are almost nil. However, the father has a right to have a relationship with his child, and has an obligation to support the child. So he could ask for visitation rights, and you could ask for a support order. The smartest thing you can do now is to try and work out an agreement with him where he acknowledges paternity, agrees to pay regular monthly child support, and is granted reasonable visitation rights if he wants them. An experienced family law attorney can help you put such an agreement together.

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Answered on 6/25/07, 2:56 pm


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