Jurisdiction (NY/NC)

I’m 9 months pregnant and have recently moved from NY to NC due to a breakup and lack of family support in NY. I plan on staying in NC. The father wants to know the hospital here, so he can make sure his name is on the birth certificate. If I give him the name of the hospital, and put him on the birth certificate - will he be able to make me and the baby move back to NY? Also, would it make me look bad in the future considering I’ve already acknowledged through text he’s the father?

No, a NC court cannot make you move back to NY. He cannot make you and the baby move back because his name is on the birth certificate.

It will not make you look back that you’ve acknowledged he’s the father through text.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

thank you for responding!! good to know a NC court won’t make me move back… but if he’s on the birth certificate, could a NY court make us move back? I keep hearing we need to be here for 6 months (I’ve been here for 2 weeks & this baby is due on tuesday), so I’m nervous about giving him such a head start just in case. I really am not trying to keep her from him though and I’d like to keep the peace. apologies for the multiple questions, just want to make sure I’m making the right decisions and again - thank you!!

I am not licensed in NY so I cannot say what a NY court may or may not do.

NC has jurisdiction for a child custody action if NC is the home state of the minor child for the last 6 months, or if the child is less than 6 months, if the minor child has resided in NC since birth.

So if you and your baby have been living in NC ever since your baby’s birth, NC would have jurisdiction of a custody action beginning now (assuming your baby is now born).


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.