military wives/mommies/families please answer

[MorgannaBanana]

Okay, I lived in illinois my whole life til my husband who is in the navy got stationed in california. My drivers license is still illinois (I got it renewed a few months after we moved to cali when I came to visir family), my plates for my car, blah blah blah.

I haven't had a job in california yet, we haven't even been here a year and I got pregnant 8 months ago.

If I have the baby in illinois, is it an illinois citizen because that is my state of residence/home of record? I was told that just being a spouse doesn't change the spouses home of record.

I'm asking because my husband has a fairly abusive and volatile personality and I am afraid if I have our son in the state of california, my baby will be a california citizen and I will not be able to take him out of the state and move bac to my safe place in illinois where all of my family and support resides. Please help me!

[tmmooreusmc]

No matter how much i hated my ex I couldn't take his kids away...especially to another state...that just hurts the kids.

[marajean21]

Did u guys legally separate? That could be why..so that no one could hide before things were settled. I left TX with my kids and waited for my ex to file the papers after i moved no prob. But my ex also has a cousin that can't leave state bc the guy requested it, so she lives right on the border and won't be able to move til the last of her kids are 18

[nessabear05]

Being a military spouse doesn't change ur permanent home of residence but where u have ur child, will be the child's home of residency.  If u file for divorce and file for custody, because he is active duty military u will automatically get custody and no state can make u stay where ur not from. Being an ex military wife and now military fiancee, and watching my fiancee lose his daughters cuz he's active duty military. If u want ur child to be a resident of Illinois u should try and have ur child there. But if he knows when the baby comes, he can get leave orders and the military can pay for his flight there for the birth of his child. They automatically get 10 days paternity leave or more if they have leave time. I hope this helps.

[marajean21]

If ypu up and left without word, he could probably say you kidnapped your child but that's usually also if he.cannot get ahold of you in any way. Military does have a pretty good step up from other people, but if you have proof of him acting certain ways or texting you horrible things..basically anything that helps your case, then you have the upper hand as long as you can prove you can be there for baby by supporting him and having a stable living environment. My cousin's baby was born in kansas and she recently moved to PA when her husband threw her to the curb for someone else. At firsr he waa mad his son wasn't there but he couldn't do anything bc they had separated and she can choose to live wherever she wanted. Eventually he said screw it and right before those 6mos came along, he signed all his rights over so he wouldn't have to pay. I remember her saying she was going to tell her ex she was visiting family and just never come back, but I don't know if that actually happened. I also know she kept in contact with him after so he couldn't say she stole their son, but honestly idk if that helped or if it's bc she had just as much rights to her son as he did and she didn't leave the country or anything

[tmmooreusmc]

Your not allowed to take kids out of state period. And yes it'd be a Cali baby. I live in Cali, I am a marine and so is my husbnd. When we separated before they said neither of us is allowed to take the kids out of state.

[MorgannaBanana]

Marajean, so you're saying if I move before he would file for divorce then they can't make me move back to cali?? I am 99.9 percent sure I am the one who would be filing anyway. If he gets nuts I see myself just slowly packing up my stuff, hiding it here n there then one day just up and leaving. Wouldn't that be considered kidnapping though? He is totally against me having the baby in illinois bc he wants to be there which I understand, I'm just not sure if the military would help him any in finding a fast flight out here.

[marajean21]

Usually if you move before dad files, they can't keep you in state no matter where baby is born. You'd have to leave before he filed tho bc you'd have to stay there and in some cases they evn make mother stay in state after all court bull is processed.

[buggie216]

Ywah...where ever you fill out/file the birth certificate is the city. Make sure you give birth in Illinois

[marajean21]

Yeah, wherever you have baby is where baby is from and will show up on birth cert. If you had a baby in a diff state then moved, you'd have to live there 6 mos before filing for custody or anything through that state. That's partly why I wanna make sure sll my kids are born in PA, so if I move out of state again and it doesn't work out, I can move bck to PA and have no prob filing imstead of waiting the 6mos

[dejabean]

Just because you have a baby in cali, doesn't mean anything.