Q: I need legal advice on custody and what to do against an abuser
I moved from the state of NY with my 4 month old to FL to live with my parents. I ran away from an abusive relationship and needed to leave. I change Babies pediatrician and transferred all our benefits and address. My ex is a drug abuser, mentally and physically abusive and I never called the cops at any point. I was too scared. He works at his job illegally. He’s threatening to take my child away. I don’t feel safe around him nor my child. I made the mistake in not reporting him in anything. He told me I can’t do anything about it now becsuse I have no proof that it ever happened. I’ve only lived in Florida for a month! My parents have been helping me but I have provided everything for my child just until I get back into work. He has full income. What do I do to make sure I get full custody when you’re in a different state? Should I find a lawyer first? Apply for full custody? How does it work when you’re in two different states?
A: If the child has been in Florida for at least six months, and, as I assume, there was no court action in New York, the Florida courts would have exclusive jurisdiction. Yes, definitely see an attorney in Florida who deals with child custody and related matters.
A: In order to do anything here in Florida regarding custody, you need to have resided in Florida for at least 6 months with your child. Based on your details, it appears that NY currently has jurisdiction until you have met the residency requirements in Florida. Once you have met the residency requirements you can file a Petition to Establish Paternity which would address custody/timesharing and child support. It is worth noting that if you and the Father are not married, legally you have full custody of your child until the Father establishes his rights through the Court.
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