New York was not inconvenient forum for child custody proceeding, although mother relocated from California to New York with her fetus. Mother did not need to arrange relocation from California to New York with father prior to birth, as father appeared to be in superior financial position to mother and there is an approximate 3,000 mile distance between New York and California. Mother established herself as New York resident, child was born in New York and had never resided in California, and New York was child’s home state. Putative fathers have neither the right nor the ability to restrict a pregnant woman from her constitutionally-protected liberty.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com