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Were you married when the child was born? Is there any court order in place regarding custody at this time?
The first thing that you must do is establish paternity. Once that is done, you can petition the court to award you custody of the child. Seeing how you reside in a different state then the mother, one parent will have custody while the other will be entitled to visitation. This is not something whereby the Judge is going to be able to order shared custody, as a result of the distance between the parties. Once that happens, you can show why it is in the best interest of the child, to live with you, rather then the mother. In addition, if you bought tickets and incurred costs, in reliance on the agreement to take the child, you could also try and sue her to recover those costs as well. If you are going back in a week, you need to file this first thing Monday morning and try and get it heard on an emergency basis. I want to be upfront and honest with you, that it is going to be tough because of the short notice, to establish paternity and then obtain full custody and be able to relocate out of the State with the child, so you really need an attorney to handle this, if you do need to return.
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