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HelloThis is Samuel and I will discuss this and provide you information in this regard.I need a little more information.You say you let your daughter go with the Mom "out of state 500 miles away" And then you say the Mother is going to move out of state. Does she live in your state now or is she moving from out of state to another state?How long has your daughter been with the Mother?What type of school was so important that your daughter needed to go with the Mother for this school?What state are you in?Have you seen your daughter since she went with the Mother?Do you have a safe and sound and stable environment?
Alright. If you are going to file for custody, you need to do it now in NYC if you want to keep it in your state. Once your daughter has been in another state for at least 6 months that becomes her home state and that is where any proceedings need to be filedI suggest, you consider filing asap for the custody and request an emergency hearing so you can get Temporary custody until the matter is fully resolved. And the basis for the emergency hearing is you had no idea the Mother would be subjecting your daughter to the presence of Strange men.I am not finished and will continue to provide information.
Once the temporary Order is issued you can have the sheriff in the county where the Mother lives go with you to retrieve your daughter.
You can then bring her home to NYC. That is where she has been for 3 years, she has family, siblings and a safe home.
I suggest you have much in your corner to get the sole Physical and Legal custody and you would want to work on some sort of visitation schedule with the Mom to present to the court at the hearing for the permanent order.That is not something you need to get a Temporary Order. You can file for the temporary order and request an emergency hearing on Monday, if you want. You may want to consider consulting with a local attorney to help you to get it done efficiently.
In addition to the Mother subjecting the daughter to her boyfriend, a strange man, she is now also considering relocating her to yet another state, with is not a stable situation for the young child. She need stability.
Please let me know if you have other questions, need more information or clarification.
Yes. But it gives your daughter sooner, if the court grants the temp custody. But either way, you need to file in NYC and if you do not then she can file once the 6 month residency is established and you would have to travel to whatever state she files in
$3500 sounds very reasonable. I cannot comment on what other costs may be involved or if they will charge more. That is a retainer. So if the Mother fights and the money runs out then the Attorney will want more money. You will need to discuss all of that with the attorney.
Why would they get involved? Are you going to claim some sort of abuse?
I suggest, that would be the only reason they would get involved.
Then I suggest there is no reason for CPS to get involved. But you should you decide you want to do this, I suggest you need to act quickly - again to have the NYC jurisdiction.
Good luck with it all. I suggest the court would lean in you favor.
You're welcome. Thanking you in advance for a positive rating.