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So many questions about pregnancy, moving out of state, etc...

post #1 of 9
Thread Starter 
HELP! Here's the situation...

I have a 15 year old son from a previous relationship. His Biological Father left when he was a year old and has had no contact since he was three.

I'm from MA, and lived there until 7 years ago, when my son and I moved to NY to live with the man I later married. He was the only Dad my son ever knew, and his daughter (my stepdaughter) and my son were raised as sister and brother.

Last November, my husband left me, or to be more specific, kicked me out after Christmas and he never looked back. He's been giving me $100 a month of "maintainence", but nothing as far as divorce, legal maintainence or legal seperation has been done, due to money issues on both sides. He's been very clear- he will never come back. He sees my son once, maybe twice a month, and I get to see his stepdaughter perhaps once a month, though he's been clear that he'd just as soon cut me out of her life.

Financially, I'm screwed. My son and I are living in a $1300 a month one bedroom apartment, and I make $1600 a month. Do the math- every month, I choose between bills and food.

In April, I started dating a male friend of mine who I've known (platonically) for a while. This guy was buying me groceries, interested in my son, etc, so I let myself get pushed into a relationship I wasn't ready for. I let myself get talked into something... twice. I feel really bad about it, but when someone's giving you the eyes and just bought you $80 worth of groceries when you had no food in the house... ugh. :-( We used protection... two different kinds. I got pregnant anyways. He wants to be an involved father.

I want to move back to MA to be with my family. I am literally on my own here- no car, no driver's license, no money in the bank, no credit card, etc. Most his family and all his friends, no longer speak to me or my son. (Some, have been my son's "aunts" for the last 7 years, and they don't even acknowledge him on his birthday.) I've done the math- even without being pregnant, even if it were just me and my son, I will not be able to support us some January, it's very likely we'd end up in a homeless shelter. If I move back to MA, my family will be able to help me get back on my feet and get the financial help I need.

Does anyone know what would happen with the baby if the father wants visitation, if I move before it's born? My family is approximately 200 miles away, and neither me or the baby's father have a car or license. I don't neccesarily want to keep the baby from it's father, but I would NEVER be comfortable sending the baby 200 miles away to spend a week or a month with it's father- he'll be a wonderful dad for short periods of time, but it will be dangerous (in ways not neccesarily easy to prove in court) to leave a child with him for more than a day. He's got a temper. Never saw it aimed at me or my son, but I did watch him make a scene, yelling, cussing and screaming (in front of families with children, no less) in the line at the Bronx Zoo because there was an issue with his ticket, and he gets angry about the slightest thing, and then rants and rants about it to me. I've also found out he smokes pot and sells it (but is careful not to carry enough to get in trouble) and he lives with his mother, and has told me repeatedly, he never wants her to be alone with the baby because she abused him (yelled, hit with things) when he was a child. When I told him I wasn't sure if I wanted to stay dating him, he made a big deal on his Facebook about how he's smoking (cigarettes) again and drinking again, because he's "under too much stress". And he has already told me that he's not sure he could hide his feelings of anger and resentment from the baby if I dumped him, knowing he wanted me and him to be together. Any idea what rights I'd have as far as, if I moved to another state before the baby was born, the only visitation he could have would be if he came to see us, or would it work against me, moving while pregnant? (Oh, and I plan on breastfeeding, AP, and cosleeping.)

Also, how does Government Assistance work? Do they let you, basically, quit your job in one state and move to another state and apply for welfare? I don't mind the Food Stamps, Medicaid or the Section 8, but I would most likely need welfare at first- I'd be between 5 and 9 month pregnant when I moved and there's no way anyone's gonna hire me (and then give me maternity leave) when I'm that pregnant. I truly believe that the only way I'm gonna get through this financially is if I go back to my familiar territory, where my family is, where they can help me as needed, but I don't know how to get around it.

Also, my lease for this NY apartment runs out on January 1st and I'm due on January 23rd. I can't stay that long and I know from other people in the building that they do not let people out of their leases. Is there any legal way I can get around it, so I can leave before then? What about utilities? If I'm overdue on my electric, for example, will it affect me getting my electric turned on in another state by a different provider, though a social security number check, or something, or will I be okay if I can't pay it all. (I don't plan on screwing the utility companies out of my bill, but my children come first, and I'll get to the utility companies when I can.)
post #2 of 9
Oh mama, I don't have any immediate advice for you, but really wanted to give you a huge . That is a LOT of changes to go through in short order.

I think it makes a lot of sense to go back to your family and then let the court figure things out with the baby's dad once the baby is here. Other more legal-minded mamas might have better advice for you, but I know you're not the only one who's been in this situation.

Hang in there, take good care of yourself.
post #3 of 9
Thread Starter 
P.S. I forgot to mention that, although I've never been on the receiving end of his temper, and can't prove anything in court, I do feel that he does have it in him, and he does have dual citizenship of US, Canada and Greece. I'm not sure that if he ever got ahold of the baby that he wouldn't cut and run, with the baby. This is part of the reason why I would want him to come visit me while visiting the baby, as opposed to me sending the baby 200 miles away for visitation. How can I protect myself and the baby from this?
post #4 of 9
Quote:
Originally Posted by kblackstone444 View Post
P.S. I forgot to mention that, although I've never been on the receiving end of his temper, and can't prove anything in court, I do feel that he does have it in him, and he does have dual citizenship of US, Canada and Greece. I'm not sure that if he ever got ahold of the baby that he wouldn't cut and run, with the baby. This is part of the reason why I would want him to come visit me while visiting the baby, as opposed to me sending the baby 200 miles away for visitation. How can I protect myself and the baby from this?
Don't get your baby a passport. Both parents have to sign off on a passport for a child these days (there are ways around this, but they involve sole custody and proof that the other parent can't provide permission). This wouldn't keep him from, say, taking the baby to another part of the states (where he could more easily be tracked down), but it would keep him from crossing borders.

(((HUGS)))

I'm so sorry you're in this tough spot. It sounds like you've got a good head on your shoulders, though, and good family support. I wish you all the best, and a lot of happiness with your new baby once he/she arrives!
post #5 of 9
You are still married, correct? You might run into a wrinkle if you are in one of those states where the husband is presumed to be the father of any child conceived during the marriage (in NY, anyway).

Actually, getting that straightened out might buy you some time and allow you to move. I would assume that he can't file for visitation until the BC is corrected. And it sounds like your STBX would have no interest in the baby whatsoever. It might be to your advantage to stall the divorce a bit, provided you don't need CS from the baby's father. In NY, it looks like divorces can drag out, especially if you were to get a separation agreement (it appears that they are reexamined after a year), then the divorce. By the time any sort of visitation is established, your baby might be two if you really drag your feet.

The one issue would be that in some states, receiving social services gets the CS agency involved, and they would go after your STBX. Not sure how fast that would happen. In my state, it happens within a month. Might take longer if the father is out of state, though.

I would get all of your moving done before the baby arrives.

My stepdaughter's mom almost moved to Greece with a former bank robber, so we did some research and found that Greece is not all that great at returning children abducted internationally. The PP had good advice about the passport, also, when the child is born, put the child's name on the list that the State Dept has of child not allowed to leave the country. If the father does somehow get a passport, at least the child will be flagged at the airport.

Good luck. Normally I am a pretty big advocate for fathers, but not abusive ones with a propensity for abduction.
post #6 of 9
Getting a child out of the country is a big to do. Really. Not only do they need a passport, but the father would need a notarized permission slip from you to take the baby out. Not likely to happen really.

I would move, and then deal with everything else later. Accusing him of having a temper won't do any good really in court though - having a temper doesn't make someone a monster whose incapable of raising a child.
post #7 of 9
I would move out of state to a place comfy for you and your kids ASAP. If they try to suck some blood from your stbx while everything is getting straightened out...well karma's a b&*(&&. In other words, don't lose sleep over it and maybe the real father will fade away. In Texas they only INSIST on going after fathers for TANF not for foodstamps or medicaid.
post #8 of 9
Thread Starter 
Quote:
Originally Posted by pinksprklybarefoot View Post
You are still married, correct? You might run into a wrinkle if you are in one of those states where the husband is presumed to be the father of any child conceived during the marriage (in NY, anyway).
Yeah, I'm in NY. Would my not quite ex husband be the legal father, then, until it was straightened out? Hmmm... this could be a good thing...
post #9 of 9
It doesn't sound like you have money for a lawyer, but you may qualify for legal aid. And until then, at least schedule a consultation with a lawyer who does Family Law and ask questions about your situation (such as the marriage/new baby issue). Then you'll have info to work from.

About your apartment, if you can't get out of your lease, can you sublet? Especially if you found a subletter for the place via Craigslist or something?

If you can't afford it, you can't afford it, and you have to go somewhere. I totally get the fear of not wanting to send your child for long visits out of state. Would the baby's father consider moving where you're going? (Not with you - just to the same area.)
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