Legal Question in Family Law in Washington

custody of unborn child

client is nine months pregnant and has no place to live in state. father does not want her to flee the state but will not give her a place to live if baby does not have his last name. can she be charged with kidnapping and/or lose her son fi she moves out of state?


Asked on 4/19/09, 2:10 am

1 Answer from Attorneys

Gary Preble Preble Law Firm, P.S.

Re: custody of unborn child

The word "client" is confusing.

If she wants to move, she has every right to do so. Any custody case regarding the child shortly after birth will be in the state where the child is born. Search "UCCJEA" to understand the issue.

And how can she kidnap if the child is not born? If she wants to "flee" as you say, tell her to get going and have the baby born as near or far away as she wishes. She can go out of the country for that matter.

But if she has the baby in Washington, custody jurisdiction will be in Washington.

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Answered on 4/19/09, 3:18 am


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