Q: Paternal Rights? Our son, who is active duty military, and his wife live in NY. They were married earlier this year
in NY and are now expecting a child. She has left NY in August (at 6 months pregnant) to be closer to her family (against our sons wishes) for "support". She is now telling him that she would rather be single. The baby is due in a month. There is no separation agreement. What should he do and what are his right as an expectant father?
A: He has no rights at this time as the baby has not been born. Once the baby is born, he would have to file for custody and/or visitation in the state where the baby is born. As he and the mother are married, he is the father or the child and would have the rights of a parent. He should speak to a lawyer in the state where his ex to be moved. He may want to consider a divorce. If a divorce is the route he chooses, at this point he can file in NY.
A: He needs to be there when the child is born and get his name on the birth certificate and once born file a custody Petition
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