Legal Question in Family Law in New York
Begin custody petition in NY or FL?
I have joint custody with my ex-girlfriend but she is currently using drugs and my daughter does not have a stable environment. She sleeps in several of her friends' homes and keeps her up till the late hours of night. She wil be 4 and still not potty trained and still using a pacifier.
She has never held down a job or an apartment.
I am planning a move to FL and I want to begin a petition for custody but I'm not sure if I should begin the petition in NY or FL.
Should I wait to have her in FL for a visit and put in my petiton for custody in FL and tell my ex that I plan on keeping her and I have petitioned the courts for custody? Or, do I begin in NY and take the chance that she will not allow me to take my daughter out of NY?
~ Dad needing answers...
1 Answer from Attorneys
Re: Begin custody petition in NY or FL?
If your child's "home state" is NY, NY is the proper state to initiate your custody Petition.
If you attempt to initiate a Custody Petition in FA, during a "visit," your Petition will likely be dismissed, since FA, will not have jurisdiction over your child or the mother.
A child's "visit" does not morph into legal residency, for purposes of a Court acquiring jurisdiction and venue over a child's custody.
Residency, is based upon the child's "home state," the primary residence of the custodial parent, etc.. Which are all Rules that the States recognize and apply fairly uniformly.
Good luck,
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