Legal Question in Family Law in New York
i am originally from buffalo ny, i lived here all my life. 3 years ago i moved down to texas with my boyfriend and had a child with him. a few months ago i moved back to ny with my son to get away from a bad relationship with my boyfriend, who is the babys father. what rights do both of us have if we go to court for custody? can he take him away from me?
1 Answer from Attorneys
You should consult with a family law attorney immediately.
First, if you have been the primary care taker for this child and he can not prove you are unfit to be the parent or that it is in the best interests of the child to change an existing situation then he will not be able to take the child away from you.
Second, residency for custody is established after 6 months. If it has been several months and he has not filed any petition in either Texas or New York then New York will have jurisdiction over the child. It is very unlikely that New York will give him the child and allow him to take the child back to Texas.
Third, he will have rights to visitation and that will depend on the court.
Based upon everything I list here, you need a lawyer, one who concentrates in family law.
Contact the local bar association to find a family law attorney in your area.
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