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JPEsq., Lawyer
Category: Family Law
Satisfied Customers: 5106
Experience:  Published articles on family law, featured in several publications for successful trial work.
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Ok, so i currently live in Upstate NY i moved here from FL

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Ok, so i currently live in Upstate NY i moved here from FL for my fiance April of last year...

Well i now want to leave my cheating fiance and move back to florida where im from and where the ONLY support system i have lives. But he keeps saying hes going to make me stay in NY with our 5 month old son. I cant lose my son to him, he is not capable of caring for our son emotionally or physically. I have no one up here and he keeps threatining to kick me and my 4 year old daughter out with no where to go...I need to know if im allowed to leave the state with my son and daughter and then file in court once im in FL. Will i get in trouble for leaving? We were never married and he didnt have a paternity test done, though hes on the certificate. But Im sick of his threats and i just want to leave him but i have no where to go up here.

Please help me! I need to leave!


You won't get into trouble for leaving the state with your children. There is no custody order and legal paternity has not been established. You are free to take the child and leave, legally. That said, you can't file anything in Florida until you have lived there for at least 6 months. So, if you were to leave, he could file a paternity action and you would have to come back to NY for the hearings. He "might" be able to get an emergency custody order while the case is pending.


But he can't do anything without filing a paternity action. You can do this yourself as well, in NY. He can't make you stay in NY... but it may hurt you in a custody hearing if you take him to Florida and don't offer any contact or visitation. If you are going to go, just make sure you leave your contact information and a note telling him to contact you if he wants to set up a visitation schedule. That way, if he does file a paternity action, he won't be able to argue that you were denying contact.


The other option is to file it in NY, and then get permission to go back to Florida from the court.

Customer: replied 4 years ago.
If i were to file in NY and ask for permission to go to FL wouldnt that take months?

Not necessarily. You can ask for "preliminary orders" which can usually be gotten in a much shorter time frame, generally weeks. But, you are correct, it won't be immediate.

Customer: replied 4 years ago.
So i would have to go to the court house and pay to start filing then wait 2-3 weeks to get permission to leave. But in those 3 weeks he'll kick me out and i dont work and have like zero cash and no where to stay, is there anything i can do that is immediate that works in my favor?

He can't kick you out. You have set up residence, he would have to evict you. Just refuse to leave... or go ahead and leave and go back to Florida. When he files his paternity, you will have a valid defense for taking the child to Florida. As far as what you can do that would be immediate... you could file the paternity and then ask for an emergency custody hearing. It may or may not be granted though, and emergency hearings are not always immediate either. Sorry, I wish I had a better solution for you... but I can't offer you what doesn't exist. An emergency hearing request is the quickest route to a hearing, if it is granted.

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