Q: What are the chances of my sons father getting custody when we were never married and I have raised my son all his life?
I recently moved back home to Florida while my son was visiting his father for the summer. My ex refuses to give him back per our agreement. He has filed for physical custody. I have raised my son his whole life. He has siblings here and is closer to his step father than his real dad. I know his main reason for filing is because he doesn't want to pay support or for traveling fees to Florida from NY. My son is six. He wants to come home. Is there a chance he can gain physical custody? I have no record I do not drink or do drugs. I am a good mother. My son has always had a distant relationship with his dad. I just want my baby home.
A:
It is unclear where you now reside, and if there is currently a custody order in effect.
You indicate that you moved to Florida, yet also indicate that the father doesn't want to pay "traveling fees to Florida from NY". Are you still residing in New York or do you now reside in Florida?
The reason that this is important is as follows: the Uniform Child Custody Jurisdiction and Enforcement Act (the law in both Florida and New York) provides that if a court (such as one in New York) has ruled on custody, the courts of another state (such as Florida) don't have jurisdiction unless neither parent still resides in the originally-ruling state. So if you still reside in New York, you would move to dismiss any action he files here, and request that he be ordered to return the child to you.
A: Not likely he will be successful. You should hire a lawyer to represent you in the case.
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