Legal Question in Family Law in New York

Re: Unmarried Mother Seeking Sole Legal Custody

If you already have physical "custody" of your infant, in NY, why was it necessary for you to file for "legal custody" at all???

Unless, the "putative father" contested your physical custody, via Court Petition in his home state, or via a "Habeas" Application in NY, it probably was not a good idea for YOU, to present this matter to any Court.

Further, your actions, which are often described as a "preemptive" strike, may have provoked the father to protest your actions, in a way that could work to your disadvantage, in both PA and NY.

Suggest: that You withdraw your action with an apology to your Ex, for any inconvenience, you may have cause him; and work out with him a proposed visitation arrangement.

Alternatively, the NY Court is likely to dismiss the matter. And, YOU may have given the father a better chance for gaining custody of your child than he might have otherwise had.

Good luck,

Re: Unmarried Mother Seeking Sole Legal Custody

Only certain circumstances will allow a state to exert jurisdiction over a case when the statutory requirments to establish jurisdiction is 6 months residency in the state. If you can establish that the father was truly abusive you might be able to establish that there are exigent circumstances that would require New York State to allow jurisdiction.

I do want to warn you, it is a very long shot at best.

Talk to an experienced family law attorney in your area.

You can contact me directly if you have any further questions or need assistance.

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