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Can a pregnant mom be stopped from leaving NY state?

Gloversville, NY |

My son's ex-girlfriend has been threatening to leave the state and not allow him any contact with the baby when it is born. He currently has a court date for a petition of paternity, but she is threatening to leave before then. Once she leaves the state this baby will be living with her drug addict boyfriend and her drinking lifestyle. What rights does my son have to stop her? Can we force her to come back for custody hearings after the baby is born?

Attorney Answers 3


Unfortunately, there is nothing that can be done to prevent a pregnant woman from traveling or relocating. Nevertheless, if your son is found to be the child's legal father, then he can seek visitation or custody. If your son can prove that the mother took steps to obstruct his ability to establish paternity and to have a relationship with his child, the court may consider that when ordering custody. Your son should have a confidential consultation with a local attorney as soon as possible. Good luck!

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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Glad he has a paternity petition filed. Once the child is born, although pushy, he might try to file a custody petition by order to show cause seeking to have her keep the baby in the jurisdiction. est bet is to hire an attorney to get all ducks in a row.

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Also file for visitation and custody. Consult with an experienced family law attorney to help you.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or

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