Legal Question in Family Law in Minnesota
custody rights to unmarried father out of state
I live in MN and am 3 months pregnant from a visit to an ex-boyfriend Colorado. When I visited him in CO, I was in the midst of a move from the east coast back to MN to be with my mom. I moved in with my mom, who is in remission from cancer, into our 4 bedroom house. I work nights at an upscale steak house (where I have my 401K and health insurance for myself and for the baby when it is born), volunteer at a battered women's shelter and plan on attending graduate school in the fall. I do not want to move to CO and lose my support system, so he says he wants custody of the child (when it is born) and that he will take me to court and I will pay and I will lose. He plans on saying that I am crazy and do not own my own place or have a real job. Is it possible that he could get custody or even joint custody when he lives in another state? The baby will be born in Minnesota. Also, his father is a pretty big judge in CO and he says he will use his dad's power and connections to win in MN... while he knows I don't have this priviledge or a lot of extra money to spend on lawyers. Thank you for any help or advice.
2 Answers from Attorneys
Re: custody rights to unmarried father out of state
First, if the baby is born in Minnesota any paternity case must be filed in Minnesota.
Second, custody determinations are made based on what is in the best interests of the child. You sounds as if you are in a stable and appropriate environment for the child. As a result, it is not likely the court would award him custody.
Re: custody rights to unmarried father out of state
Since the paternity case will be held in Minnesota, I would not worry about his father being a Judge in Colorado.
Please feel free to contact me if you would like to set up a free one hour consultation at my office to discuss your case.
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