Jamaica, NY asked in Family Law for New York

Q: unmarried father my baby mother wants to move out with my son

I live in New York City and my son has been with me since he's been born

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1 Lawyer Answer
Andrew S. Tabashneck
Andrew S. Tabashneck
  • Williamsville, NY
  • Licensed in New York

A: based on the limited description here, it could be a good idea to file a petition for a show cause hearing and check off the box stating that the child is not to be taken outside of the state. Based on what you have described, however, it's not clear where the mother is moving. Regardless, in the long-term since, the best course of action could be to file a petition for custody. That way, you and the mother could work out a custody agreement .In the more immediate sense, the show cause hearing could provide you with a court date and you could work an agreement. If the mother leaves the state with the child, it will likely be far more challenging to work out an agreement.

Again, because of the factual limitations, please do not rely on this as legal advice and talk to an attorney for advice on how to proceed further.



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