Legal Question in Family Law in New York
Can an immigrant father fight for sole custody of a 2 year old female child, whose life he's never been a part of until now (and whom he has threatened to take out of the country so her mother cannot find her in his home country of Jordan) against her US citizen mother?
1 Answer from Attorneys
Yes, he can file for custody.
If you do not have sole custody you need to file a petition for same ASAP.
You do not have sole custody unless a court awards you sole custody. The birth of a child, even to an unmaried Mother, does not give automatic sole custody to that Mother.
If you DO have sole custody then the Father would have to show a "change of circumstances" has occurred and that the child's best interest would be for him to now have custody. Is there something occurring in your life that is harmful to child?
He can not get a passport for her to travel without your signature. Also, you can file with passport dept to be notified should a passport application be submitted in her name.
Search the web for that info.
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