Legal Question in Family Law in New York
Want to move to florida with child out of wedlock
I am a single mother of 2 children living on Long Island and can no longer afford it. Each child had a diff father.. The oldest childs father is ok if I moved and took our son, but my 3 yr old daughters father doesnt want me to leave taking his daughter...what are my rights, we were never married, soon after the birth of our daughter, he left me and got another girl pregnant who he is still with today. I have family in Florida that will take me in and help me get started again but I dont want to get arrested for kidnapping..The father and I currently have no formal agreement. please advise what i can do... Currently the father takes her 3 days a wekk and only gives me $200.00 /month support b/c that is wht he says i would get anyway since he has her 3/days a week even though he earns good money... help
2 Answers from Attorneys
Re: Want to move to florida with child out of wedlock
You can not be arrested for kidnapping by taking your child to Florida (if he had full custody you could, but he doesn't).
You could legally just get on a plane with your daughter and go. However, he could go to a NY court and ask a Judge to Order that the child be returned to NY.
You would have to prove to the court that it was in the child's best interest to re-locate to Florida and offer the Father extended visitation times in NY.
Re: Want to move to florida with child out of wedlock
first - doesn't matter if he takes her 3 days a week - he owes you 17% of his salary after deducting what he pays for FICA - take about 93% of his salary, multiply that by 17% and that would be his annual child support. Secondly, he makes a good point with the contact with the child - you could approach this a couple of different ways - you need to consult an attorney in either regard - if you wish to make an appointment - five one six, two four eight four thousand
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