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
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