Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I am unmarried and pregnant. I am planning on moving to

I am unmarried and...

I am unmarried and pregnant. I am planning on moving to Florida before baby is born and establish residency. Baby father doesn't want to move out if MY. Does he have to come to Florida to establish paternity as I am not listing him on the birth certificate and can he or courts make me move back to NY or make me transport baby/child all the way up here for visitation. No lawyers in Florida will talk to me up here in NY

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No.. only 11 weeks along

Lawyer's Assistant: Family law varies by state. What state are you in?

Still living in NY. Moving to Florida in August.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. That's the big issue. The father will only set up visitation through my courts. I want to work it out outside of court. He says he can make me stay in ny

Show More
Show Less
Ask Your Own Family Law Question
Answered in 56 minutes by:
3/20/2018
Gerald-Esquire
Category: Family Law
Satisfied Customers: 5,107
Experience: Over 30 years of experience.
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Ask Your Own Family Law Question

I apologize for the delay. I was offline and I just saw your question.

The Courts can not keep you from moving before the baby is born. Once you establish residency in florida (especially before the baby is born) then Florida Courts have jursidiction. To establish residency you must be living in Florida for 6 months.

Before he can obtain any Order of Custody or visitation he must establish Paternity. To establish Paternity he must sue you after the baby is born to assert that he is the father and have a Court recognize that he is the father.

If you have the baby in NY he may be able to establish Paternity. In which Case the NY Courts could assert jurisdiction.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

Gerald-Esquire
Category: Family Law
Satisfied Customers: 5,107
Experience: Over 30 years of experience.
Verified
Gerald-Esquire and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
Thank you for that information it was very helpful. The only other question that I had was once paternity is established and Florida is the state of jurisdiction; I understand from what you said he has to come down there to file for visitation. How would visitation work with him in New York and me and Florida after the baby is born I can't see traveling up to New York with an infant or a toddler every month or every other month for visitation can you expand on how that would work please

While the baby is an infant he would have to come to Florida to visit.

Once the child is old enough to travel alone they can travel to NY.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
We have an RV also so if we're able to establish visitation through mediation in Florida we could even come up to New York in the RV to bring the child

Once paternity is established you can negotiate the visitation. It is better if you can reach an agreement rather than have the court impose a schedule.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
Hi Gerald I wanted to get back to you I wasn't sure if I could I don't know how long I'm allowed to correspond with you if I have to pay the extra money I will. I have decided to keep the baby I canceled the termination pregnancy. I understand up here in New York I am not legally obligated to tell the father ir anyone if I had the abortion or not. But now his mother from Colorado texted me and said she would like some kind of confirmation that I've had the abortion because her lawyer wants to know. First of all she's in Colorado he's a New York she's only the grandmother I don't think I have to tell her anything is that correct? And the baby is not even born it's still a fetus so as I am preparing to move to Florida and become a resident there is there any way that she can force me to come back to New York or charge me with kidnapping even though the baby is not even born? I appreciate your time and I don't know if I have to pay extra to keep corresponding with you but you are well worth the money you've given me a lot of good advice and I don't know where else to turn so I just need answers about my question and how do I keep contacting you.

Normally you are supposed to post New Questions on a new thread and pay for the new question. But do not worry about that now.

I am happy for you that you are being so courageous and having the baby. You can not imagine how much joy the baby will bring to you.

It will be hard, but it will be worth it to you.

You have NO obligation to inform the grandmother of anything at this point. Just don't respond. Until you have the baby you have autonomy. Everything is your decision. You can not be charged with kidnapping. Ther can be no court order until the baby is born and then he has to establish paternity.

Set up your residency in Florida. You can establish it now by getting an address, registering to vote, get you driver's license, etc.

Take a trip down there and visit for a while so you can get these things set up.

Once you are established in Florida you can decide what your next steps are.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
I forgot to mention that the year my mom and I were in Florida before we came up here we can get rent receipts to show that we were down there for 9 months and a letter stating that we were already looking for a unit down there to live..and then my grandmother had the heart attack that's the only reason we came up here. we didn't get a chance to establish residency. Since his mom is threatening with a lawyer I honestly don't know if it's worth it because he knows we live a vegan lifestyle and he already said that he wouldn't go by that when the kids up here visiting him if you know anything about nutrition Gerald.. you know that once you started eating a certain way to deviate from that messes with your system. I plan on raising the kid with no TV no electronics no meat no candy and pop and the father was angry over that he didn't understand why. So I know that when the kid comes up here to visit him he is not going to honor my wishes. Plus the child will be home schooled as I was. So there's a lot more issues than just visitation from Florida to New York. it's a whole lifestyle issue that I'm becoming more concerned about could I please have your thoughts on that.
Customer reply replied 1 month ago
I just put in the new order to pay you to talk to you again so I hope it gets to you

I responded on the new thread. Thank you. I am sorry for the delay. I was offline.

Ask Your Own Family Law Question
Was this answer helpful?
Ask Gerald-Esquire Your Own Question
Gerald-Esquire
Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Family Law
Satisfied Customers: 5,107
5,107 Satisfied Customers
Experience: Over 30 years of experience.

Gerald-Esquire is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My lawyer filed a paternity action even though I was already
Hi, my lawyer filed a paternity action even though I was already the paternal father … read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,396 satisfied customers
Monday or tomorrow morning is mediation with a new mediator
Monday or tomorrow morning is mediation with a new mediator and I was wondering should I ask my husband to sign a release while we're all there to try to get into that USAA account and it would that b… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
This is a family law question. Texas. My daughter is in
My daughter is in mediation and signing an agreement to pay the mediator in 35-45 days. She does not have a job and her husband that has a domestic violence charge pending was the breadwinner and I think she is being pressured because she can not afford an attorney but he has a criminal one and a divorce one Lonestar legal aid has helped her a little bit … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,388 satisfied customers
Need information on how to get a paternity test for my
need information on how to get a paternity test for my husband who is in jail but he recently found out he may be the father of a 15 year old girl. Her mother is deceased and she lives with the suppos… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,866 satisfied customers
At a mediation can the mother as she is under the influence
At a mediation can the mother as she is under the influence be able to sign the mediated settlement agreement and it be honored in a pre-trial … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,388 satisfied customers
At mediation today my visitation with my 6 and 12 yr old
At mediation today my visitation with my 6 and 12 yr old children has changed to once a month weekend from every other weekend and me driving over 3 hrs one way to pick up my children with my ex drivi… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,388 satisfied customers
We are the paternal grandparents of 3 granddaughters and our
We are the paternal grandparents of 3 granddaughters and our son their Dad is deceased. We went to court on Monday after petitioning the court for visitation. We have had a very close relationship wit… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
The mother of my daughter has refused me visitation time
The mother of my daughter has refused me visitation time until we go to court we were never married. She states I can only see her in her home but the home she is in is hostile and the mother has stat… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
What process is requiered to prove biological paternity?
What process is requiered to prove biological paternity? … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Do paternal grandparent have rights to a minor child in
Do paternal grandparent have rights to a minor child in state of Colorado … read more
Michael Bradley
Michael Bradley
JD
1,371 satisfied customers
Im noncustodial mother with overnight visitation rights that
Im noncustodial mother with overnight visitation rights that since final trial ended my visitations haven't been met. The reason keepers on changing till couple months ago stating I'm not falling orde… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,259 satisfied customers
This is a family law question. 1. My 85 year old mother was
This is a family law question.1. My 85 year old mother was in the hospital for 2 weeks and is now in rehab.She had a heart attack and has severe COPD. She is on oxygen fulltime and Bipap as needed.2. … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
810 satisfied customers
Is it legal for mother to visit Child at Daycare or school
Is it legal for mother to visit Child at Daycare or school during dad”s custodial time? I haven't seen my son for 4 days and I really miss him. I planned to see him briefly and give him a toy. Would i… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
810 satisfied customers
A private mediator prepared a Mediation Report that was
A private mediator prepared a Mediation Report that was submitted to the court for a long cause hearing/trial. There is an error in the report but the mediator stated to myself and the other party tha… read more
Ray
Ray
Lawyer
Doctoral Degree
32,117 satisfied customers
I have a multitude of Family law questions regarding
I have a multitude of Family law questions regarding Paternity mediation. Located in Indiana… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My son is going to mediation on his paternity case. Am I
My son is going to mediation on his paternity case. Am I allowed to attend mediation with him? … read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
What happens if a mother does not show up for a paternity
what happens if a mother does not show up for a paternity hearing … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,069 satisfied customers
My former boy friend threatens to order a paternity test on
My former boy friend threatens to order a paternity test on my newborn baby, I am afraid he will take the baby away. Can I deny the paternity test without getting the rough of the court? I am in Georg… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x