Question asked on Sept 17th, 2018

Q: My friend is currently living with the mother of his daughter and she is currently pregnant with his son. She has threatened him and has voiced this to other people numerous times that she is going to leave after their son is born out of state and not let him see them and file for child support. He is fearful of not being able to be in his children’s life and wants to be proactive in this situation. What are his rights and what should he being doing to prevent this?

A: As to the existing child, the parents have joint legal and physical custody as a matter of law, and relocation out of state without the consent of the other parent, or a court order, could lead to a loss of custody.  Details as to both custody law, and relocation law, are posted here.  Until the next child is born, the mother has no obligations regarding place of residence, and no court can make custody orders, although a paternity action could be initiated now.  The father should, however, schedule a consultation with a family law specialist to go over all of his rights, obligations, options, risks, and benefits.