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Hello, I asked you a question before so I hope you have record

Customer Question
of it. I will...
Hello, I asked you a question before so I hope you have record of it. I will restate it anyways. My son was born in NYC a year ago. His father and I are not married but when our son was born we moved in together. We are both on the birth certificate but we've never established custody legally through court orders etc. Things are not working out in our home and ALL of my family lives in Texas. I am also unemployed here but don't have a job there yet either. I know he will take it to court for mr not to move away. Can I leave? What are my rights?
Submitted: 7 years ago.Category: Family Law
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Answered in 23 minutes by:
7/1/2010
Family Lawyer: Maverick, Lawyer replied 7 years ago
Maverick
Maverick, Lawyer
Category: Family Law
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Experience: 20 years of professional experience
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Customer reply replied 7 years ago
NJ but my son was born in NY
Family Lawyer: Maverick, Lawyer replied 7 years ago

Paternity establishment refers to the process of determining the legal father of a child. When a child is born to unmarried parents, the child has no legal father. In New York, unmarried parents can establish paternity in two ways:

  1. by signing a voluntary Acknowledgment of Paternity form; or
  2. by petitioning a court to determine paternity.

If the father has not established paternity in this manner, then normally the mother is presumed to have custody. This would mean that you would be allowed to move with the child.

 

However, you may want to get a second opinion from a local family law attorney as to what the specific NY and NJ law is on the subject as I could not locate that law without using a third party, fee based service.

 

 

Please click "Accept" so that I can get credit for this answer. We can continue our conversation after that at no additional charge. Thank you.

 

This information is provided so you may better discuss legal issues with your attorney. Consult a local attorney for legal advice before acting. You may be able to find an attorney in your area to further assist you at http://www.martindale.com/ or at http://www.lawyers.com/ .

 

Maverick
Maverick, Lawyer
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