Q: I have recently moved to Florida-Have been here 6 weeks. I am looking to go back to NY.
There are no Custody orders here or in NY. I have had sole responsibility of our son since he was born. There are no jobs here. His father has not ever paid for anything for this child. I told his father that I was going back to NY and he was not happy and made it sound like I would go to jail if I left this state with our son. What are my legal options here?
A: Without any custody orders in NY or Florida, and the fact that you have resided in Florida for only six weeks, any civil action against you by the child's father would have to take place in NY, unless you consented to jurisdiction in Florida. Visitation has nothing to do with paying child support in Florida. What law enforcement might do is as unpredictable as law enforcement always is. However, if you were to leave Florida, I believe you would be within your right to do so since you have been the sole caregiver to the child since birth.
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