Legal Question in Family Law in New York

Leaving the state with my child

I have an infant son with my live-in boyfriend and we live in upstate NY. My boyfriend has had a lot of trouble with alcoholism in his past and it has currently become an issue again. I feel it's in the best interest of my child and myself to leave this environment temporarily but I would go to my parents' house and they live in NJ. What are my legal rights regarding my situation? I can't seem to find any information.


Asked on 1/20/07, 8:27 pm

1 Answer from Attorneys

Seth Kaufman Kaufman PLLC

Re: Leaving the state with my child

You need to provide more information to get a proper answer. Most of all, it depends on any prior existing court orders - regarding paternity or visitation, for example. There is also a difference between what you can legally do and what you may want to do from a strategic standpoint. Whether or not you decide to move, you might want to consider filing a petition for custody right away. Your child's safety is of foremost concern, so you should consult with a qualified attorney about this as soon as possible.

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Answered on 1/21/07, 1:19 pm


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