Legal Question in Family Law in New York

Re: Child legal Custody

The court takes many circumstances into consideration when determining custodial rights to a child. The general basis of the test being the best interests of that child. They will take into account the financial ability to care for the baby as well as the overall living environment in which he/she will be placed in.

Your question as asked is too vague to provided a more thorough response. Feel free to contact my office for further consultation and assistance.

Re: Child legal Custody

Given the child's family is in NY, and was born in NY, your move to Miami (and leaving the baby with the father) prior to your obtaining custody will appear to be an abandonment of the child. You must begin proceedings to obtain custody now while you live here, and also continue work here (hopefully making a decent wage).

Once you obtain custody, it will be easier for you to move out of state.

I am guessing that the father is unwilling to simply allow you to take the baby with you to MIami without his starting a legal action here to get joint custody; that would make you look like you are taking the baby away from the father and would compromise your chances of getting full custody.