Legal Question in Family Law in New York
I live with a man and I have a 6 year daughter with him,we are not married,we have problems,he knows I want to tae my daughter and leave,can I just do that and then contact him for visitation,or there has to be a legal way like a police report filed by me that I am leaving?
1 Answer from Attorneys
You left out important information. Has he signed a voluntary Acknowledgement or Paternity or file a petition seeking paternity rights? If not, the father doesn't have rights to custody or visitation and cannot legally challenge your move. As a result, you can move anywhere (in or out of state). If there is a custody/visitation order, look to the order to determine your limits on moving out of state or out of the county. In any event, he cannot force you to stay in the residence with him.
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