Legal Question in Family Law in Missouri

Is it illegal for a woman to leave the state of Missouri after she has conceived a child, without the fathers permission?


Asked on 9/04/09, 4:13 pm

2 Answers from Attorneys

Anthony Smith LawSmith

Pregnancy by itself does not impede a woman's right to cross state lines, in a criminal sense. I have never heard of a woman being arrested for moving from one state to another, just because she did not have the permission of the man who impregnated her. Such awoman might encounter some minor civil repercussions though. If a married woman leves the marital home and moves to another state, she coudl be deemd to have relinquished aclaim to live in that house, if her husband were to fiekl for divorce. She would still own her share of the equity in the home, but he would PROBABLY have the option to live in the house during the divorce process, as well as retain custody of their children. If a pregnant woman leaves the state, she MIGHT have to later bring the child back periodically to visit with the father, depending upon a future custody and visitation Order.

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Answered on 9/04/09, 5:53 pm
Michael R. Nack Michael R. Nack, Attorney at Law

No. If the man and the woman are married when the child is born then the man is the legal father and has legal rights. Impregnating a woman does not give you any rights. Historically people got married before they made babies, and the law has had a very difficult time adjusting to provide for the multitude of problems caused by people making babies without the benefit of matrimony.

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Answered on 9/05/09, 12:14 am


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