Child Custody

[granny630]

My daughter lives in the southern part of New York State, Westchester County I believe. She has a 10 month old baby and she is unmarried. The father of the baby also lives there. The baby was born in Florida (where they previously lived). The father of the baby is bipolar and a street drug user. He also drinks heavily on occasion. He sometimes disappears for three or four days. The last time this happened she kicked him out and told him she was moving back to upstate new york where her support system and family is. he told her she was NOT leaving the county she is living in. she received consultation from a couple of lawyers down there and each lawyer told her something different. on monday of this week he left for work never came home at all, took the car seat with him. she had no formula for the baby and could not go to work as she had no car seat. the next morning she clalled him several times asking him to please bring the car seat home as she needed to go to store. he never came home and never brought the car seat to her. she has now told him it is over and she is done with him. my question and her question is......................according to one of the lawyers she spoke to down there neither of them have legal custody of the baby and he is not legally the baby's father, biologiclaly yes but not legally.

she wants to know if she has a right to move back to oneida county with the baby and file custody and support papers through oneida county. this is where she plans to live is oneida county. she is desparate to get away from him and just wants to get the baby out of possible harms way and file custody papers. but as he has threatened her and told her she will not leave the county she is in now, she is not sure what her rights are.

if you can shed some light on this questions, please let me know

thank you

granny630

 

[Duranie]

First of all if he has threatened her, then she needs to file a restraining order.

It sounds like paternity has not been established. If he did not sign the acknowledgement of paternity, then he has no rights to the child at all and yes she should be able to leave the county.

She needs to document all this behavior. Unfortunately she chose this guy to father her child, so she will have to deal with him eventually in terms of child support and visitation.

So if legal paternity has not been established, she should be able to get up and move to another county with the child.

I don't know why attorney's have told her different things. Both parents have equal rights to the child with the exception of paternity not being legally established.

I would stop listening to the fathter for now.

She should be able to file for child support and custody in NY as soon as she meets jurisdiction requirements which is either 6 months or 1 year.

 

[granny630]

Hi Duranie

Thank you for responding to my questions regarding my grandson. When the baby was born he did not sign an Affidavit of Paternity. Therefore it is my understaning that he is biologically the father but not legally -- am i correct.

He has not been abusive to her or the baby. She has been in New York State since September of 2005. In order to go thru another County other than the one she lives in does she just have to be in New York State long enough or the actual County where she is going to be filing for custody.

I don't know why she got different response from different lawyers. One lawyer told her she could not leave the county she is in. The other lawyer told her she could leave the County she is in right now and that she should actually apply for custody, support, etc thru the County that she wants to move to. She told my daughter she needs to go now and due to his marijuana and cocaine use she should not leave the baby alone with him. I told her she shouldn't also, whether she has listened or not i don't know. I know she did tell him that she was moving back to upstate new york and he told her "you are not taking that baby away from me." She can't afford a lawyer at this time and she really doesn't know where to turn. She would not be able to get legal aid.

I told her if she leaves the baby alone with him and he takes off with the baby there is nothing she can do as neither of them have legal custody -- am I correct.

Do you know if I could call the family court in the county she wants to come to and ask them if she can do the filing up here or wouldn't they be able to answer that for me.

REcently he left one day never came home all night took the car seat, she had only 1 bottle left for the baby. she called him the next morning and told him she needed the car seat as she had to go get formula for the baby. needless to say he never did come home and finally she had to call someone she works with so she could go buy a new car seat and get the baby formula. now to me i would think that that could be considered "neglecting his child" when he knew he didn't have any formula. I told my daughter she needs to document that and document anything else.

If anyone has any suggestions or answers I would appreciate it.

Thanks a whole bunch. This little boy means the world to me and I want her to get back up here with her family where she belongs and like she wants to.

granny630

 

[Duranie]

Again, if paternity has not been established, he has no rights to the baby. So yes she should be able to move. I would not leave the baby with him.

She should start there and file for CS and custody/visitation in which paternity will have to be established so it will take at least several months for any CS to come through.

If she has proof of the drug use she can ask for drug testing and try to restrict visitation.

If he winds up hiring a lawyer, she most certainly will need oene. If I were her I would call legal aid to see if she qualifies.