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Can I be forced to move?

This guy, Chris and I were dating for awhile he ended up getting me pregnant. I moved from Oregon to California in June and I had my baby in October in the state of California. Chris has never had any contact with our daughter nor has he even seen a picture. Both of us would be pleased to never speak or see each other again. I have a 7 year old son from another man and he is going to school in the state of California. My family and support is also in the state of California. Recently, I was served papers stating that Chris was seeking for full custody or for my family (son and daughter) and I to move to Oregon to be closer. I understand that if I lived in Oregon and he did too he could prevent me from moving away but, because I live in California and so do my two kids and my daughter was born in California can the courts really order us to move so he can have a relationship with one of them?

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Hire an attorney. You will get your best answers from one as an attorney will know the laws of your states. You may get answers on here from people that have had similar things happen but..... Your childs custody is at stake. Hire an attorney.

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The courts cannot really order you to move. You also have legal rights to decide on what you want best with your kids and also with Chris. However, you need to contact an attorney so as to be offered professional advice on what to do.

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as far as I know, unless Chris adopted the seven year old legally he has no rights over him, because he is not his son. When it comes to the girl, the state of california might grant him dual custody meaning that the little girl will have to spend some time with Chris in Oregon, but I don't think they can make you move. My sister had a similar encounter, her ex husband Wilbert moved to Utah, he was the one that moved away from california not my sister, just to make this clear. He tried to force my sister to move to Utah so that he could be close to the kids, but my sister used as proof that too much moving around was causing psychological stress on the children. It kind of work, and she didn't have to move. The draw back is that now she can't move out of California. My sister didn't have any money for an attorney to give her financial advice, but she went to the courts and she was informed that some courts do offer free legal advice through a state program. I would recommend calling your city court offices to see if they offer free legal advice for low income. You might need the expertise of a lawyer on this one.

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It's different if Chris moved but the thing is I moved away from Chris BEFORE the child was born, he didn't even think it was his kid. He ordered a DNA test but the thing is... I have a 7 year old to consider as well and I don't think a move for him would be good. And my daughter (and his) who's 5 months old has me and her grandparents and other family here, we don't have anyone in Oregon.
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exactly. you could argue that it will cause psychological distress and trauma for the 5 month old to move away. However, legal advice is hard if not imposible to find here, so I would recomend searching for free legal advice at your supreme court offices. Just to give you heads up, when you go to the free legal advice offices be prepared to wait in line for a long time, arrive early so that you can get a number to talk to someone, and take the day off from work for this will take a while. Neanthertal is right, this is your childs custody after all.
Seeing my sister deal with this, I have noticed that at least in northern california the courts are very stupid. They want the children to have two parents not matter what is the case. Is very rare when they give full custody to just one parent.
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No the court can not order you to move out of your home state. Just because he filed papers for custody doesn't mean He's going to get custody. Has he paid you child support if not he's a dead beat dad and courts frown upon that. good luck and tell Chris to go jump in a lake

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I don't know enough about what Courts can order you to do .. as far as I know, you have the right to choose where you want to live.

But .. I can see where the problem originates. Even though your ex didn't show any interest at the time, in regards to custody of your daughter .. you should have still filed for full custody so something like THIS change of heart would never happen.

If he was just a 'boyfriend' that you dated, and you did not live with him even common law, I really don't think he has any claim to your son. He never assumed any responsibility for him in any way shape or form. His claim to your son, makes no sense at all. I don't know how he can even think for a moment, that he can claim the son. If THAT were the case, then, any person in the entire world .. could essentially be able to fight you for custody of your child. THAT doesn't make sense. He never played the role of common law husband or step father.

You need to get legal advise..from a reputable source. Find out what your rights are, and if in fact this guy is just blowing smoke.

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Did he EVER pay child support ? ... for both children???
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