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PLEASE HELP!?
So I'm 21 living in AZ, 36 weeks pregnant and I am an unmarried mother. My baby's father was not involved until now. I originally moved to MN because that is where my parents are moving to, however my baby's father and I worked things out and I moved back to AZ to live with him and raise our daughter. He and I have been ok, however if we were to break up, I would need to go to MN because that is where my emotional and financial help from my family would be. Being an unmarried mother, am I allowed to leave the state with my daughter if the only place I have to go is MN where my family is? If we were to break up, I wouldn't really have anywhere to go to better myself other than MN...someone please help, I'm so confused.
4 Answers
- RangerLv 77 years ago
Both AZ and MN have laws requiring the custody hearing must be filed in the state where the child lived six month prior to filing for the hearing. That will be AZ if the baby is born in AZ and the mother moves to MN after birth. If she fails to appear in AZ for the custody hearing the father wins by default. The mother must return to AZ for the custody hearing or loose.
The best option for the mother is to return to MN before the birth. That places the child under the jurisdiction of MN courts and the father would have to travel to MN to contest custody filings.
- babyboomer1001Lv 77 years ago
It depends somewhat on the father of the child. If he wants visitation (and in all likelihood, he would), you would not be allowed to leave the state because, how could he have visitation? If he will allow it, you had better have a good job because you will be responsible for the cost of flying the child to him for visitation. However, if he wants to prevent you from leaving the state, he will have to petition the court and ask it ordered that you cannot move out of state.
Since you are trying to make it work with this guy, I suggest you accept your residency in AZ and make it your home.
Source(s): Certified Paralegal, with 25+ years' experience. - dfsfsfLv 47 years ago
You can do whatever you want until a custody hearing establishes boundaries. This will only happen after the breakup. If the boyfriend objects he will succeed in disallowing you to go back to MN.
- Anonymous7 years ago
If you decide to leave him, go immediately to Minnesota. He can then file custody papers, but your residency will already be established, and they can't make you move back to Arizona.
