Legal Question in Family Law in New York

Moved out of state

I have a one month old daughter. I moved to NY with my boyfriend and my two other daughters while I was pregnant. Just recently we broke up and I moved to Florida to stay near family as I didnt know anyone in NY. I gave birth to my daughter in NY. Her father is going to family court to try to get custody. Since she was born in NY can they make me move back to NY since thats where she was born? Her father says he was told that can happen. If he does get partial custody isnt he required to come here and pick her up? He also has a warrant down here in Florida.


Asked on 1/18/05, 9:31 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Moved out of state

Do not permit your EX to intimidate you into doing something that is not in your or your child's best interests.

Since NY apparently was not your "home state," (evident by your failure to have "ties" to NY) and your infant is less than 6 months; it is unlikely NY will compell you to return to NY, in order to provide the father with visitation or custody.

However, you should be prepared to "appear" (by attorney) and "attend" and participate in all Court proceedings in NY, if an Action is commenced and you are Summoned.

Also, "joint" custody is not automatic and must be decided by the Court with the child's best interest the foremost concern; and it is decided on a case by case basis.

Generally the parent who requests the visit or access, is the parent who arranges and pays for the contact, with the child. Although, this may vary given the circumstances of the parties, financial and otherwise.

You need a lawyer ASAP.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 1/19/05, 4:06 am


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