Legal Question in Family Law in New York
Ex planning to move out of state and take baby
My ex and I share custody of our 2 yr old. This was arranged verbally, not by the court. Now he is planning to move to maryland and wants to take her with him. I live in new york with her 6 yr old half brother and do not want him to take her away. How can I stop him from taking her out of state?
2 Answers from Attorneys
Re: Ex planning to move out of state and take baby
Since there is no Order of Custody, legal custody has not been established yet. However, if you may file a Petition in Court for joint custody (if not sole custody) and ask that he be prevented from moving out of the state. If the judge is not satisfied that the move is in the best interest of the child, they may stop the move.
Re: Ex planning to move out of state and take baby
Get to Family Court right away and get custody and visitation orders. Do not delay. The child will be under New York law for 6 months then once she lives that long in the new state, that state's laws and courts will take over. If you cannot afford an attorney, call the County Bar Association or the local law school to see if they have any pro bono programs that you may fit into.
Good luck.
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