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Me and me EX have a child. Now she moved to FLorida, with my son if i wanna file for custody where do i do it (i m from NY) in NY or in FL?
And do i have a right for custody even though we were never married?

2007-01-12 04:50:07 · 13 answers · asked by Anonymous in Family & Relationships Marriage & Divorce

Dont tell me to hire a lawyer cause if i had one i would be asking u .
thankx

2007-01-12 04:58:13 · update #1

13 answers

You were never married. You have never had any commitment to her or "your" child? Leave her the ---- alone. You sound like you're into abuse and control. Funny, don't see a word about loving or missing your son! Just your "right for custody." Speaks volumes, my friend.

2007-01-12 09:04:08 · answer #1 · answered by silverside 4 · 0 1

You will have to file in Florida because that is where the child of this case resides. If you guys were never married she had automatic custody of this child when it was born. You can take her to court to try and get custody but you better be prepared to have some really good dirt on her and not just hearsay crap either. The court only wants hard cold facts and proof with it. You also need to understand with this that unless she is proved unfit she is going to keep custody of this child and then here is where you come into play. You will walk out of that court building not only not getting custody but the judge will set child support and medical coverage support for that child.

2007-01-12 13:10:57 · answer #2 · answered by Lucinda M 3 · 0 0

Yes you have a right to custody. You would file in the state where you reside. But know this and take it into consideration. Most states will not remove a child from one state to move it to another state unless you can prove the mother is unfit. My husband and I had his 6 yr old daughter living with us for 4 years. Out of the blue her mom showed up and wanted to take her for visitation back home to where she lived. We had no problem with that. Soon we got custody papers which we chose to fight for 18 months and 30,000 dollars later the judge basically tells us that since we can not prove the mother unfit they find no reason to remove the child from the state which she currently resides in. It doesn't matter if you were never married or not the child is 50% yours. The mother on the other hand chose to represent herself so she had nothing other then court costs, the child was appointed a court appointed attorney from the state where my step child resides that sided with the mother and never made any contact with us even when we tried to call and speak with her {meaning the child's attorney} we petitioned the court for a new attorney for the child and it to was rejected saying it didn't matter how we felt about the attorney it was for the child not us.

2007-01-12 12:57:30 · answer #3 · answered by **Damn its cold up here** 3 · 0 0

If your name is on the birth cert. Then yes you do have rights. If she had the baby in NY then you need to call Friend of the Court to get your info. It will be hard for you because you two were not married. If their has already been some case establishment(on her part) then you are a little ahead. 99% of custody cases neither one of the parents are allowed to move 50-100 miles away from the other party. try getting ahold of her about custody and see what she say's, let her know you want to see your baby. Keep track of everything, letters she wrote you, dates of conversations, what they were about. If you have her address write her and tell her you want to see your child. Make a copy of everything you send or receive and give one to Friend of the court after your case is established. Good luck.

2007-01-12 13:45:55 · answer #4 · answered by Nicole T 1 · 0 0

You file in New York if that is where the child was born and you both lived. You have rights. If you were never married she is not your EX. She is the mother of your child.
Yes, you have a right to custody. I am a father of 3 and have custody. Go to my blog http://childcustodynow.blogspot.com/ for my story.

2007-01-12 13:39:43 · answer #5 · answered by David H 1 · 0 0

Talk with an attorney about your options. You would file for custody from NY, but you are in a difficult position unless you are paying child support. Most likely, you will be awarded reasonable visitation and will have to pay for transportation. Unless you can prove she is an unfit mother, she will be awarded custody.

2007-01-12 13:01:04 · answer #6 · answered by AnnieD 4 · 0 1

if your on the birth certificate, then you have rights same as she does. I am not sure where you have to file for parental responsibilities, are you planning on joint custody, or sole? Joint is recomended, and would benefit child as well. Children do better when both parents are allowed to be in their lives. Anyone who says different are those that were raised by only one parent, and don't know any better

2007-01-12 15:24:41 · answer #7 · answered by ckgene 4 · 0 0

As the childs father, you have rights, and you also have responsibilities! And they both can cross state lines. Best advise to you is to hire an attorney, and be prepared to not only share custody of your child physically, but financially, and emotionally as well. Take it seriously, the child deserves both parents to be mature.

2007-01-12 13:01:13 · answer #8 · answered by renegade_dancer5678 2 · 0 0

yes you can. you can doit right from N.Y and just tell them that the baby's mom is in F.L. with the baby. you do have right to the baby as long as you are the dad. it does not matter if you and her were never married.

2007-01-12 12:57:33 · answer #9 · answered by Meli 2 · 0 0

AS LONG AS YOUR THE FATHER YOU DO HAVE SOME RIGHTS TO SEE YOUR SON. I WOULD TALK TO A LAWYER AND SEE WHAT YOUR RIGHTS ARE. GOOD LUCK.

2007-01-12 12:55:04 · answer #10 · answered by misty blue 6 · 0 0

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