Legal Question in Family Law in New York

Custody Hearing

My question is that I had a four week old baby boy in New York State and I did not claim a father on the birth certificate because the father of the child was abusive to me and has repeatidly been arrested for drinking and driving. I have police reports on both subjects. Well he found out about the baby and tried to serve me papers in new york but I moved to the state of florida before he could now I just got served papers here in florida. He is filing for full custody and a paternity test. I am wondering if there is anyway that he can make me and the baby move back to new york. I also would like to know if there is anyway that he could get full custody of the child. He has no proof that I am unfit although he says it would be in the best interest if he has the child. I am also wondering if there is a good chance that he can have liberal visitation if he does not get custody. I am just wondering if proving that he was violent to me and has a record will this count against him. I am pursuing a lawyer here in florida but I would like to know how new york law is. If someone can read this and email me back I would be highly thankful.


Asked on 6/03/04, 12:12 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Custody Hearing

You cannot be made to live in NY, or in any other state.

If proved he is the biological father, he has the same rights to the child as you do.

However, there is a presumption in favor of a mother's custody . This presumption is strenghtened, especially when the child is of tender years... an infant; and the child is born out of wedlock.

Do not let him intimidate you. Also, ask your Florida lawyer to try to have the all of the proceedings moved to in FA, assuming that is now your "home" state. To wit: You have a permanent residence, employment, moved your household, etc. NY (as most states do) has a statute that permits relinguishment of jurisdiction, in cases like this.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 6/03/04, 7:47 pm


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