Legal Question in Family Law in New York

Re: Moving

If your daughter's child is born in a state, that state's court assumes "jurisdiction" over the child, for purposes of determing residential custody, visitation, support and so forth. That state's court could Then issue a restraining or other injoining order concerning removal of the child from the state.

However, Unless a person is subject to criminal probation, or some "special" or "new" type of warrant, issued by a court, the Courts cannot [YET] restrain or enjoin a person from traveling or relocating, merely because the person is pregnant with a someone's child.

Good luck,

Re: Moving

Your daughter cannot be forced to stay in New York.

The child's father, however, may bring a custody action in New York.

Your daughter should bring a paternity action in the state where she is going to reside immediately after the child is born.

The child will be considered a resident of the state where he/she resides for the first six months of his/her life.

Accordingly, the child cannot be forced to move to New York if it is born and lives in another state for at least six months.

Charles A. Whittier, Esq.

The Whittier Law Firm, LLP

Re: Moving

the short answer is yes. both parents are equal parents. this is certainly a delicate situation, and one that our firm si very familiar with. should you wish to discuss this further, please contact my office for an appointment.