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Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience:  Divorce, child custody, child support, etc.
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I have a baby and an abusive babys father. We are not marrie

Customer Question

I have a baby and an abusive babys father. We are not married. I want to take my baby out of this situation and go to my family. Can I do this legally?
My family is in NC and in FL. We live in NY zip code 12078
Submitted: 6 years ago.
Category: Family Law
Expert:  Lady Themis replied 6 years ago.

Thank you for your question.


Since there is no custody order, you are within your right to take the child. However, this may instigate a custody battle in which the father files for custody and is then able to demonstrate to the court that you are prone to leave the state thus depriving him of parental access to the child. For that reason, some parents find it best to first obtain a custody order which allows them to relocate to avoid this situation.


Please let me know if you have any follow up questions.



Customer: replied 6 years ago.
What is involved in obtaining a custody order?
Expert:  Lady Themis replied 6 years ago.

You would have to file a custody application. A hearing would be set and sometimes an investigative process is used by the court if the parents can't agree on the order. It can take time.



Customer: replied 6 years ago.
Must I tell the baby's father that I am filing for custody? Is there anything else I need to know?
Expert:  Lady Themis replied 6 years ago.

Yes, the papers have to be served on him. He is entitled to notice of the proceedings.



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