Q: If my son visits his dad in NY and he a resident of CA does he have any legal rights to keep him?
I'm legally married to my husband but currently separated. We share our 4yr old son who has lived with me in CA for the past 2yrs. Hes going to visit his father from Nov-June of next yr. Will his father have any legal rights to keep him in NY? If he does will the law work on his side since my son has been there for more than 6mths? My son was born in NY but not into the marriage.There is no custody order in place.
A: Yes. If you send your son to New York for nine moths, your husband am keep him. Your son will become a resident of New York and it is unlikely you will be able to get your boy back in. June. Do not send your son for that long! File a court case here and get court orders before you send your son at all. Limit all visits to no more than a month or two, max.
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