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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I am pregnant. Although I am 100% certain who the father is,

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I am pregnant. Although I am 100% certain who the father is, he wants a paternity test. I want to move to Phoenix, AZ to be closer to my family. If I have the baby in Los Angeles (where we both live), can he force me to stay there until paternity is proven? Or can he force me to return to CA when paternity is proven?

Thank you for your question. Please permit me to assist you this afternoon.

To answer your question directly, he cannot directly compel you to stay in the state until paternity is proven. He can demand that you return for the test, and submit DNA, but it is something that he can demand once he contests. As for compel you to return, that is possible if he files for custodial rights should paternity appear to show him as the father. But he cannot hold you hostage or against your will in the current state--you do have the right and the ability to relocate especially if he is claiming that the child is not his. It is not 'illegal' for you to move, you are free to do so.

Good luck.

Dimitry K., Esq. and 3 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

if he makes more money than i do can he get custody of my baby based on that?

Thank you for your follow-up, Vanessa.

Making more money is generally not what the courts look to--they look to factors such as 'fitness' of the parent and who could be a better provider. If someone makes more money but cannot spend time with the child, the courts would not really favor that person as being more 'fit' under the circumstances.

Good luck.