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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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Good Morning, My name is***** boyfriend has a 9-Month

Customer Question

Good Morning, My name is***** boyfriend has a 9-Month baby with his ex girlfriend, he is willing to do everythin for his baby, but the lady won't allow him to do anything, unless he goes back with her, he doesn't want anything to do with her, the
reason he left her originally is cause she cheated on him and by the time he found out she got pregnant, this was by the end of their relationship. Everthing she uses is manipulation, she is always looking for her well being before the baby, but we have no
way to prove that, she is an actress and she only uses the baby. My Boyfriend tried to stay with her & gave everthing to her for some months, but it doesn't work and he's been providing for the baby since she got pregnant. originally she lives in new york,
some of her relatives are over there. We live in California. He brought them here, but since she doesn't get what she wants, she left. He has offered several stuff to her, a place to live, money until she finds a job, just to keep the baby close, but she won't
accept nothing if he is not back with her. He already did the DNA and the baby is his.. how can he ask for child custody & visitation if she lives in new york and we live in california, what's the right thing to do?
Submitted: 2 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question, Jessica. Please permit me to assist you.
If I may ask, how long ago did she move to New York? I am trying to figure out which state would have jurisdiction over this matter, thank you!
Customer: replied 2 years ago.
This is recent, and it's been on and off like 3 time moving over there and here! This last time, she left last week.
Expert:  Dimitry K., Esq. replied 2 years ago.
Where does she live? Does she live in NY or in California?
Customer: replied 2 years ago.
She lives in New york now.
Expert:  Dimitry K., Esq. replied 2 years ago.
For how long has she lived in New York?
Customer: replied 2 years ago.
She's lived there since she came to the US about two years ago I guess. Then they started the relationship and he brought her over here with him. they live together like 4 months by the end of 2013.. then by January 2014 he left her because he found out she cheated on him, but she left pregnant.
she stayed her pregnancy in texas and gave birth to the baby in there. september 2014.. then she moved to NY again.. but the whole time she's been making his life miserable. He started helping her since her pregnancy.. but she only wants what she ones or nothing.
he decided to bring them to CA, but idt dindn't work.. so lets say she is been like a week with the baby in New York for now.It's Crazy.. she doesn't even have her own place to live, she doesn't work, she's with her family aunt & cousins) in a small apt which is full, but she is not thinking of the baby. she wont accept his help is she doesn't have the man. she is so stubborn.
Expert:  Dimitry K., Esq. replied 2 years ago.
Hi,
I am sorry but so far I am just trying to ask one question which I am still unclear on the answer. You mentioned that she moved to NY in September 2014. Has she been there since then without coming back to California to live? (visits do not count).
Customer: replied 2 years ago.
The thing is that she's been everywhere. so I don't know how to make it easier for you. Her pregnancy 9 months she stayed Texas and gave birth there, then october- she went to NY, Stayed there for 2 Months, December she came to CA for a Week, same december she went back to New york again, February 2015 he brought them back again to CA this month, last week. when she left to NY again. and she is there right now.
Expert:  Dimitry K., Esq. replied 2 years ago.
Hi, In that case it may actually help your boyfriend. If she has no permanent address then he can file in California and ask that the local courts hear the case. The reason I was asking so much pertaining to jurisdiction concerns is generally the place where the child has spent anywhere from 6 months to 90 days (depending on state but typically it is 6 months or 180 days) is seen as the proper venue for custodial and child support matters. If she is everywhere and has no stable place to live, then your boyfriend can argue that where he lives, if he is on the birth certificate, controls as it is the most stable locale. He would need to file the petition locally and then serve her with a copy of the documentation so that she has a right to appear or contest his claims as well as jurisdiction. He can request formal visitation or even custody and if the courts side with him, she would be unable to deny access to the child. Sincerely, ***** *****