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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2512
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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My boyfriend and were trying to have a I am pregnant

Customer Question

My boyfriend and were trying to have a I am pregnant and he says he doesn't want to be with me..I already have a 5 year old and I am divorced from her daughter has known my boyfriend for the last 3 years and loves him like he is her ex abused her and hasn't seen her in over a year and a half. I live alone in Nevada with my daughter and my entire family lives in Minnesota...there is no possible way for me to support myself and two kids in Nevada alone..I will need my will that work if I go back to Minnesota before the baby is born? I went through my entire savings with my ex husband in court for custody and visitation..I can't do that again or put my family through that again..i grew up with my parents divorced and it still hurts choosing time between them even now ..I don't want to put this baby through that..I don't want my boyfriend to come pick up our baby for visitation and leave my daughter who also loves him wondering why he doesn't want to take her or have her separated from her sibling over holidays etc..I asked him to relinquish his parental rights and he said he would..please tell me what I can do to make this ok..I don't his child support..I just don't want this baby to hurt or my daughter to hurt..I just want to go home and give them a happy life
Submitted: 2 years ago.
Category: Family Law
Expert:  S. Kincaid replied 2 years ago.
Thank you for allowing me to assist you.
In most states, terminating parental rights cannot be done unless it is done by the state for abuse/neglect, or it is done pursuant to an adoption. In Minnesota, however, you may be able to do a voluntary termination of his rights, but if a judge believes it is not in your baby's best interests, the judge may deny your requests. If you are on government benefits at any time, and his benefits are not terminated, the state will go after your (ex) boyfriend for reimbursement, even if you don't want them to.
If you move to Minnesota before the baby is born, any child custody proceeding will have to be filed in Minnesota. If you give birth in Nevada, then you can only file in Minnesota if you move to Minnesota and no custody order is entered in Nevada for the first six months of your Minnesota residence.
Do you have any other questions?
Customer: replied 2 years ago.
How would typical visitation work if I did have the baby in Minnesota ...if I have to breastfeed, etc...or can he just willingly relinquish his parental rights and what state would he have to do that in? Would the court let him relinquish his rights if I agree to no child support and if it is in the best interest of the baby that he doesn't want and my daughter ? Can he relinquish his rights while I'm still pregnant?
Customer: replied 2 years ago.
Isn't relinquishing parental rights different than terminating them? Is there a way you can suggest I go about this to better my chances of things ending up the way I need them to
Expert:  S. Kincaid replied 2 years ago.
If he chooses to visit, typical visitation for a newborn, particularly in a long distance situation, would involve him coming to Minnesota to see the baby for a few hours at a time.
Relinquishing just refers to someone voluntarily letting the Court terminate their rights.
He cannot relinquish his rights during the pregnancy. He must wait until the baby is born.
The fact that you're giving up the right to child support does not make it more likely that the court will grant a termination of his parental rights. That is automatic in termination cases. What would make it more likely is showing that the child will never need the father - that you are able to support the baby with other resources (your family, etc.) and that his presence in the child's life would not improve the child's life.
Expert:  S. Kincaid replied 2 years ago.
I notice you haven't accepted my answer. Do you still have a question in this issue?
-Could you explain your situation a little more?