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Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16379
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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I live in New York State my child was born in NYS and has

Customer Question

I live in New York State my child was born in NYS and has lived with me all 8 years of his life. His father lives in North Carolina I allowed him to have his son every summer. He has been enrolled in school in NYS since Kindergarden that is 4 years.
This year I decided to homeschool him so I allowed him to stay two and a half weeks longer than normally. When I contacted his father about him flying home he told me he was already enrolled in school and had been for the last two weeks. And he filed for custody.
I dont understand how this is possible. When my son was enrolled in school in NYS. I spoke to my son and he wants to come home. But his father is saying no. What can I do what rights do I have?
Submitted: 2 years ago.
Category: Family Law
Expert:  Legalease replied 2 years ago.

Hello there --


I am sorry to hear this, but I have seen these multi state child cases many times.

Can you tell me --

Do you have any type of court order awarding you custody of your son in New York State, or did the father sign the birth certificate and then simply move to NC?? I need a little more information before I can give you some suggestions regarding what to do.