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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33743
Experience:  Attorney with 15 years experience
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Mother a?nd Father live together in Norwich NY. Mother takes

Customer Question

Mother a?nd Father live together in Norwich NY. Mother takes care of 3 yr old son 24/7 and she has just been given 30 days notice to move from father's residence. Father has told mother that she cannot take 3 yr old son. What are her rights and what can she do?
Submitted: 9 months ago.
Category: Family Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Is the father on the birth certificate?

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Does the father own the home or is he the primary tenant?

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And they are not married, correct?

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thanks

Barrister

Customer: replied 9 months ago.
Father is on BC, the Both parties live at same residence however, the rent is paid to Grandfather of Child, and no they are not married
Customer: replied 9 months ago.
Both parents have lived together for 8 yrs, child has only been taken care of by mother due to her being a stay at home mom. Child has never had other sitters or daycare. Mom's family lives in Indiana and would like her to move there so they can help her. What is her right to taking son with her and setting up visitation with Dad?
Expert:  Barrister replied 9 months ago.

Ok, if the father is the one who is the tenant and the mother just lives with him as a girlfriend, then he can legally terminate her tenancy and force her to leave with a 30 day written notice and then by evicting through the courts if she doesn't move out.

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But as for custody, if father is on the BC, then they both have exactly equal custodial rights to the child. So whoever has the child has a legal right to do so. One parent can't force the other one to give up the child if they have them without a court order.

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So if mother has the child and moves elsewhere, father can't force her to return the child. And if father has custody of the child and he evicts mother, she can't force him to deliver the child to him.

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The only way for one of them to force the other to do anything regarding the child would be to file a formal paternity case in court and then have a judge order a DNA test to confirm paternity and then enter a custody/visitation order.

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So if mother takes the child and moves to IN, there is nothing that father could legally do right not to stop her..

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thanks

Barrsiter

Customer: replied 9 months ago.
Thank you very much is there a way that I can have our conversation saved and sent to my email?
Expert:  Barrister replied 9 months ago.

You are very welcome. I am just a user on the site like you, so I have no way to email you. But when I want to save something, I will copy it and paste it into a Word document for future use.

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And as far as I know, the thread is always available through your JustAnswer account..

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thanks

Barrister

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