Divorce Support Forums: Please help! Pregnant and seeking divorce

I went through the same thing..The only thing is, I live in the state of Al. While I was 5 months pregnant with our second I decided that I wanted out. I was told by my attrny that I could move out of state. That I could take our 1st child and move to another state. As long as there were no papers filed, We both had equal rights to take the child where ever we wanted. Until the papers where finalized, I could take my daughter where ever I wanted, however, I could not keep him from her either. I would have to prove that the father was unfit in order to keep him away. Not having those issues I chose to stay.. After my son was a year old, we seperated. I then met my new husband and became pregnant with his child before my divorce was final. I was told by my attrny that I would not recieve a divorce until after the baby was born and had to have a paternity test to prove that my ex was not the father and that my fiance was the father. Once the baby was born, I did give him his dad's last name. However in the hospital he was know as baby-my last name. On the bc it has his real name. So you can name the baby whatever you want. It looks better and is alot easier in the long run to have the baby have the father's last name. More so if child support becomes an issue later. If you take the baby away from the dad and don't give it his name, it looks bad on you. You have to prove that you are the 'better' parent and want your child to have a relationship with it's father, but that his actions and history prove that he may not be the ideal father figure for your child. But the courts are the ones that decide that. In my state a judge will not issue a divorce to a pregnant woman because they do not want to 'bastardize' a child and alot of states require that you file for divorce in the same county that you were married unless you both live in a different place. He can't make you move back, but unless you can prove that he is unfit, he will have visitation. It will be harder if you try to move after the baby is born and the divorce and custody is final, because you have to give 45 days notice in writing by certified mail to your ex and he would have 30 days to notify the court and then there would be a hearing and at that point the judge could make you stay in the same town. Also, if you move before the baby is born and the divorce is final, most likely the only issue you would have about visitation other than the obvious is you would have to meet the father half way each time. Also, if the father can prove that he is paying all the traveling exspenses, then the courts could reduce his C.S.. Call any attrny and tell them your issues and ask them what you can and can't do. It shouldn't cost you anything for the inital call or meeting. At least you will be more informed. Call an attrny were you live now and where you want to move. Each state has differnet laws and regulations. But as long as there is no complaint filed as of now, you are free to move where ever you wish.

Edited by mamanbama81 (09/02/08 12:53 AM)