Legal Question in Family Law in New York
Moving with an unborn child
I currently live in NY and am having a child with my boyfriend. We are both 39 yrs old, responsible adults, however, I feel the relationship between us will not even survive through the pregnancy. I am only in NY for work, with no friends, family etc and am thinking of moving closer to home(KY). I know that this will not go over well at all with the father and he will, without a doubt fight it. What are his rights and mine if I were to move before the child is born and/ or if I wait until after the child is born?
1 Answer from Attorneys
Re: Moving with an unborn child
Congratulations on the upcoming event. A wanted child can be a wonderful blessing.
Regarding your question, until the child is born the father has rights to very little.
The father's interest in having you live in NY is predicated on his interest in 'visitation' of the child. Since there is no child born, he has no visitation rights.
That means that, until the child is born, you can go where you want and live where you want.
Once the child is born, he can have a court, under appropriate circumstances, order restrictions on your CHANGE of residence. The Court cannot order you to move BACK to NY, it can only order you not to MOVE AWAY from NY. This is an important distinction.
If returning to your family is best, then move back to Kentucky. The father can have no impact on this decision until the baby is born.
One more point, a court may (or may not) order you to make the child available for visitation with the father. This could include permitting, once the child is old enough, the child to travel (at his expense) to visit him in NY.
My best wishes to you for a healthy and happy child.
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