What are his legal options, can he force her to bring baby after it's born, she keeps texting him and getting him all upset.
So it would be strongly advisable to seek the advice of an attorney as soon as possible since two other state courts aren’t completely sure how to address and resolve this issue.
New York state and California are tackling the issue of jurisdiction and the move of a pregnant mother. Olympic skier Bode Miller and Sara A. McKenna had a relationship, Ms. McKenna became pregnant, the relationship deteriorated, Ms. McKenna moved to New York, and Mr. Miller accused Ms. McKenna of fleeing and absconding with his unborn child. Initially, the California court took jurisdiction and granted custody of the child to Mr. Miller. Once the child was born, Ms. McKenna filed for temporary custody in New York and the lower court declined to grant temporary custody. BUT, an appeals court in New York found that jurisdiction is more appropriate in New York and that Ms. McKenna’s rights had been violated. The parties reached an agreement for “time-sharing” of their son prior to their last court hearing. Advocates interested in this case are concerned with protecting a pregnant woman’s constitutionally protected right to move freely.
This is an interesting question. I don't think I have ever address this before. If the child were born, and the wife wanted to relocate then she must adhere to Florida statute 61.13001 on parental relocation. However, the child has not been born, and I am not aware whether the statute applies to a unborn child. I would think that it does not. Therefore, I would think that the wife is free to move and relocate as she wishes. Once the child is born the father can petition for custody of the child and the court will look at all the appropriate and relevant factors of Florida statute 61.13. If the wife resides in another state for that states sufficient period of time to meet statutory residency, then the other state may have jurisdiction and the case would need to be heard they are. You should meet with a local attorney now so that you can put together an appropriate plan. Wishing you all the best, David A. Carroll
I agree with my colleague. The relocation statute, which prevents a parent from moving more than 50 miles away from marital home without consent of the other parent or a court order, applies to a child once the child is born. Right now the father has no rights as the child has not been born yet. Once the child is born, however, he can take action regarding the relocation. It is in your son's best interest to consult with a family law attorney in your area in order to get more specific legal guidance regarding this situation. Best of luck.
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