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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11798
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My daughter went to Buffalo ny in 2009 respite. She stayed

Customer Question

My daughter went to Buffalo ny in 2009 for a respite. She stayed with her father, never set up house there, never owned a car. In 2010 she became pregant, the baby daddy denied it was his, offered her money to terminate. He was MIA for the 9 mths, including refusing to answer calls about medical history.My daughter had a very high risk pregnancy due to having cancer, she was told she could not get pregant in 2007. A DNA test proved he was the father, he has paid child support, never gave baby his name, & some what refused to co parent. My daughter wants to return to Florida now, her family is here.Her support system is here as is all her furniture. She gave it 5 yrs, & feels that Florida is home, not Buffalo. BabyDaddy is threatning to stop the move.He see's child 4-5xs a month, but has nothing to do with mother. His parents see child maybe 6-7xs a year. They refuse to speak to my daughter at all.The child is not allowed to talk to his mother if he is at grandparents house, nor is child allowed to bring home any gifts or toys. Child really doesn't know them...The other concern is that when father does have child at his house, he is always drunk, doesn't call my daughter when child is sick with 104* temp, or strep throat, or bronchitis.Nor does he take child to hospital or clinic. He is a sicklychild . Aiden (child) .is now 5, very smart , & tells us everything regarding father "drinking beer, falling asleep, not feeding him". Numerous times my daughter has had to drive to pick up Aiden from father, as he was unable to drive or speak coherantly.Child will be starting school in August. There is no one to assit either parent with helping to have school run smoothly. Ie, get Aiden on/ off bus, watch till Mother gets home from work. How can he stop her from coming home?
Submitted: 1 year ago.
Category: Family Law
Expert:  Olivia Kent replied 1 year ago.
Hello. My name is ***** ***** I'm an attorney. I’ll be happy to help you in any way I can. This site is for educational purposes only. Sometimes - although certainly not always - experts have to give you what you deem “bad news” but that should not be a reflection of how satisfied you are with the assistance your expert provided. Experts on this site receive credit for assisting you when you click the rating (the stars) so please submit a rating prior to logging off. You aren't charged anything extra by submitting a rating.You indicated that dad pays child support - is that through the court or directly to her? If it is directly to her, she could try to leave the state and then file for custody (legal, physical/residential) once she gets back to Florida. OR, if there is already a record of litigation of some sort (including child support) she could petition the court for permission to move. One thing I can tell you for sure though... while I cannot encourage her to just move, I can tell you that lots of other people HAVE moved and dealt with the ramifications - if any - after the fact. If she DOES move, I would encourage her to file some sort of legal action in her new state - Florida - as soon as she arrives, so that the Florida court can claim jurisdiction. Does that make sense? I hope this helps. Please let me know if you have any other questions or you need me to clarify anything. I'd be happy to do so. I'm also available by phone if that would help you. Please also submit a rating if you're satisfied with your assistance; this will not cost you anything extra and it's the only way we get credit for assisting you. And please don't feel like we have to stop talking after you submit a rating. I'd be more than happy to continue working with you after that as well.
Expert:  Olivia Kent replied 1 year ago.
I wanted to check in with you to make sure you had all of the information you wanted to obtain when you posted your question. Please let me know if you DO have all of the information you need; please also let me know if you have any questions or need additional clarification about anything.