Legal Question in Family Law in New York
had to leave state or legal reasons
My ex girlfriend got pregnant. She lived out of state. I was on probation at the time but left state anyway to be with her when son was born. We lived together in NY for 4 years. She started seein someone else 2 years in. I stayed only to help her financially. I decided it was time to take care of my legal issues in my home state. I flew home 2 weekss ago. She is now giving me a hard time with even talking to my son and she now threatens abandonment etc. I have to take care of my legal issues in my home state. It will include not being able to leave the state for sometime, possibly even jail time due to the fact i left in the first place. Can she do this? What are my rights? my son is now 4 years old. I feel like my hands are tied.
1 Answer from Attorneys
Re: had to leave state or legal reasons
You should have gotten permission from y our probation officer to leave the state. They could have transferred your probation to Az. You would not of had this problem.
Now, they probably have violated you for this. You could be resentenced on the original charge.
To make matters worse, your girlfriend won't let you see your child. You can't leave the state, and she is under no obligation to bring the child back to NYS>
However, you could petition family court in Az for visitation rights. This could be handled long distance. You might be successful there in some form.
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