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Question

I want to leave my husband and move back to Louisiana (we now live in ca) and i know i cannot legally take my daughter with me against his wishes, but I'm pregnant right now. What I'm wanting to know is whether or not I'll have more rights to keep my baby in Louisiana if he's born there. Would he then be considered a resident?

Answer 1

When I first responded to your question, I thought you were only pregnant, not that you had another child together as well. After re-reading it, I'm going to have to revise my response.

First, if you move with any of your children (born children), then you have to notify the father of the move. Send it certified return receipt, so that you can have a record of the notification. (Records are important to have in a contested case, but not so important if you never end up there.) This is only if you are taking custody of any of the (born) children. If the child is unborn, then this formal notification is unnecessary. However, even if you don't have any born children together, or you're not taking custody of any born children, it's still a good idea to let the father of your children know where you're moving.

Secondly, there isn't going to be a concern about custody, UNLESS your husband decides to contest custody, and he can contest it no matter what the circumstances. (Whether or not he will win is a different issue.)

You'll have to ask yourself this question: Do you want to leave your daughter behind, and just take your son with you? If so, you have a much better chance of doing that if you leave before the baby boy is born. I would still recommend that you try to work out an agreement beforehand with the dad, so that you can still maintain contact with your daughter.

The courts prefer for you to work it out with a family mediator. (In my case, the circuit court appointed the family mediator, because we had a contested custody case. The courts want you to try the mediator, especially if you have a difficult case that can't be worked out by filing pro se.) I would recommend family mediation, and really decide where the children will be better off living.

If you can't agree where the children will live through a mediator, then there's the possibility that you will have a full-blown custody battle on your hands. Keep in mind that if a mediated agreement is not reached, and it goes to a court contested custody, the courts will want to give custody of the son wherever the daughter will be going. Courts are not typically fond of separating siblings forcefully like that. So if you think it's going to go all the way, and you will go through contested custody, you will have to fight for both children, not just one.

Just a note about splitting up the children: If you and the husband agree to splitting up the siblings, the courts are *very* likely to accept your agreement. The courts typically accept any agreement that the parents can come up with on their own for how to raise their children and will not interfere with that.

Are you trying to move out of state to avoid giving him visitation? If so, keep in mind that it's harder to enforce child support over state lines, and dads are less motivated to do the right thing (pay to support their child) if the mother does whatever she can to make sure he has no actual relationship with them. You can't rely on enforcement to be 100% effective, because it isn't.

Anyway, if it's still worth it to move away, then that's your choice. Just do it with your eyes open. Be aware that it's not going to be 100% good option, but then nothing ever is, right?

Answer 2

If you can't take your daughter to Louisiana, then how would you go and have the new baby there? Residency is determined by where YOU permanently reside, not where a baby happens to be born. Going there just to have the baby wouldn't change your ex's rights. However, if you were a permanent resident there then your husband could not force you to relocate the child to another state.

Answer 3

Until you are legally seperated or divorced, you have total rights to move wherever you want. I lived in Missouri with my daughter and my husband tried to tell me I couldnt move back to TN to live near my family. What a crock of BS! My lawyer told me that I could, so I did. You can move back - and when the divorce is over you can be the primary residential parent. He will have to make arrangements to see his kid.

BTW - it may be best that you file for divorce so you can have it all the way you want it. That way if he doesnt like something he has to hire a lawyer to fight it. (an example would be that you wanted all visitation to be held in your city in LA) It gives you more control.

Answer 4

i know you laywers to answer this for you however i have a few questions for you my self .
1. do you have a cusody order?
2. does your husband have custody?
3. is she your daughter ?
4. is she your step daughter?
5. have you been deemed unfit as a mother?
if you anwsered no to #'s 1,2,4,5 and yes to # 3 then you can take your daughter out of sate with out his permission and there is nothing he can do except take you to court for an emergency custody order . you have as much right to take her as he does until a judge tells you other wise and there is nothing he can do .
how ever you need to take legal action as soon as you get where you are going . you will have to go back to CA for the court hearings unless you establish residence in LA which takes 6 months to do .
hope i helped you

Answer 5

you're under the impact of alcohol, depressed protecting a gun on your mouth or face. Been doing that long adequate for the Police to come returned and confront you. Police Taser you and you basically shoot out some tooth and a few of your face. Now the cop is at fault because of the fact he grew to become into attempting to maintain you from killing your self. You apparently did not hear whilst he advised you to drop the gun and that i might wager he did that lots in the previous he tasered you. you may get on your knees and thank the guy for the reason which you're alive. you think of he had to be there doing what he had to do to save you? If he hadn't tasered you, might it have been a "Mexican Standoff" till you pointed your gun at him for a sprint suicide by potential of cop? YOU pulled all this crap and the outcomes are YOUR fault. boost up and take the blame. you do not pick a criminal expert, you pick another expert help. you probably did it to YOU so supply up whining and deal alongside with your strikes.

Answer 6

Yes you can take your child with you without his permission. I dont know where you got that idea but its wrong. If you want to leave, then leave and take your child with you. It doesnt matter where the kids live or are born. Whoever told you that you couldnt legally take your child on of state without his permission didnt know what they were talking about. Not only can you do this but so can he. If he wanted to leave you and take his child he could because both of you have legal custody.

Answer 7

Actually you can take your daighter with you. Until a judge declares you unfit or gives custody to the father, you have thr right to take her with you. The same is true with the baby. If you get a divorce the father will surely get visitation rights, or maybe even partial custody. In the meantime you can leave with her if you want to. Good luck.

Answer 8

I know you want lawyers answers but, I have to give you mine....No you will not. The only way you can get the "upper hand" is to get your spouse to move then wait a year....leave him.. the kids will be residents there and he will have to make arrangements to stay there or leave his kids.

Answer 9

Yes you would have more rights to keep your baby in Louisiana if he/she is borned there.

Answer 10

I don't think there are many attorneys who have time to get on Yahoo Answers -- they are busy people!

Your best bet is to get in touch with a family practice attorney. Sometimes they do give free advice and consultation so you can decide whether to hire them or not.

Good luck.