Legal Question in Family Law in New York
Child Custody & Visitation
I'm a single mom never been married. I have a 5 yr. old girl. We relocated from Florida to NY State. I had jurisdiction adjucated by the court of FL. to NY. My daughters father & I had a very brief relationship with no emotional attachment. After telling him of my condition he blew up and walked away from us. I chose to take on full responsibility with verbal promise to him that I expected nothing from him in any way shape or form. At age 9 mths. he came back because his family chewed him out about his responsibilities. I still to this day want nothing from him, yet he is insisting that I send my daughter to florida for visitation by herself. I would let him visit if he comes here since nothing including paternity has been established in any court in the US. I do not want child support, nor do I want shared parental responsibilites. I am a full time student in Criminal Justice and I am in my home area that I love. What are his chances of getting granted visitation down in his native FL. area, what can I do to keep her with me, I've been her sole provider medically, financially, emotionally and physically for 5 yrs. theres more to it, but I just want to keep my little girl home with me. Thank You for your time and understanding.
2 Answers from Attorneys
Re: Child Custody & Visitation
If he brings a court action, and establishes
paternity, he will be granted visitation
unless such visitation is to the detriment
of the child
As there is no mention of child molestation
or the like, the court will not impose
your geographical limitations
Re: Child Custody & Visitation
Unfortunately, you cannot deprive your child's father of visitation. That does not mean, however, you must put her on a plane to Florida. He can come here, and due to your daughter's age, this is a better idea.
Although you have not wanted him to provide anything, you should seek child support. Someday your daughter will want to go to college. If you collect child support, and simply bank it, you will be able to pay at least part of her education expenses.
He can sue you for visitation, but then he will have to admit/prove paternity. You should have a family law attorney lined up so that if he does sue you, you will be ready to defend.
If you would like to discuss this matter further, you can call me at 845-362-0387.
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