Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.I am currently living in Miami Florida right now with my 3 year old daughter and boyfriend. My daughter was born in Buffalo NY and we moved to Miami when she was 9 months old to try to make things work out with her father. We have tried to make things work but its not looking good. My question is, if we break up can I move back to Buffalo with my daughter?Response:
Yes, you can. If there is no custody and visitation
Order, you do not need the father's permission or the Court's consent to leave the State. You as the unwed mother
has sole custody
of the child until the father goes to Court to try to get one.Also, what would custody most likely look like?Response 2:
In a custody case, the Court would make a decision based on what is in the best interests of the child by looking at the living arrangement of the parties to the custody dispute, their lifestyles, associations, parenting skills, education opportunity for the child, etc. If the Court finds after reviewing these factors that the child would be better off living with one parent and not the other, the Court would award physical custody
to that parent and may award joint legal custody to both parents, or give the other parent just visitation rights and not legal custody. Physical custody means the parent that the child would live with. Joint legal custody means that both parents would have a say on the child's upbringing--the parents would make joint decisions regarding the child's upbringing. So, it is very important in any custody proceeding that you tell the Court any and all reasons why you should be given sole /full custody; any witnesses should be brought to the Court to testify. Remember that the Court can only make decision based on the evidence presented to the Court.