2007-08-21 02:50:56 · 7 answers · asked by crock712 1 in Family & Relationships ➔ Marriage & Divorce
I believe you can fight for custody from wherever you live. Go to www.myparentingportal.com, there is a page on there that talks all about custody and gives you info by state. Talk to an attorney, talk to your ex and daughter, it could be he will be amenable to giving you custody. Do what you can to not make it a battle if you can.
2007-08-21 03:10:12 · answer #1 · answered by Lee B 3 · 0⤊ 1⤋
It depends on what you mean be fighting for custody in New York. If you mean filing some type of petition for custody then you must consider the following:
Pursuant to the Uniform Child Custody Jurisdicion Enforcement Act the only way a court can made orders related to child custody and visitaiton is if on the date of filing the petition to establish custody/visitaiton IT WAS THE HOME STATE OF THE CHILD. The court will look to where the child had been living for the past 6 months. If the child has been in CA for 6 months then the case must proceed in CA unless you can show that the child is absent from the State of NY because of the other parent's wrongful conduct.
This area of law is quite complicated and there are other avenues for you to seek to have NY handle this case.
You would be extremely disadvantaged by handling this case without an attorney. In fact, you may need an attorney in NY and CA by the time this is over.
2007-08-21 04:03:47 · answer #2 · answered by Daniel 6 · 0⤊ 1⤋
You are going to need a lawyer because you will have to fight in California or have the case moved to New York.
2007-08-21 02:59:54 · answer #3 · answered by kitkat 7 · 0⤊ 0⤋
Does he has sole custody now? Why are you living so far from your child? You need to move to Cali to be close to her. She should be more important than a job. She has a life there, friends, etc. so she shouldn't have to move. You are the adult.
2007-08-21 02:57:48 · answer #4 · answered by Anonymous · 0⤊ 1⤋
you can always fight for custody..but get a lawyer to help you..you may need a lawyer out there too.
2007-08-21 04:04:18 · answer #5 · answered by chris d 3 · 0⤊ 1⤋
You have to get you case moved to New York to do that, yes it is possible, but not guaranteed. Talk to your lawyer.
2007-08-21 02:56:52 · answer #6 · answered by Anonymous · 1⤊ 1⤋
You would have to talk to a lawyer, but she is your daughter, so I would say that it could probably be arranged.
2007-08-21 02:56:04 · answer #7 · answered by Beatngu 6 · 1⤊ 1⤋