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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

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Answered in 56 minutes by:
3/20/2018
Gerald-Esquire
Category: Family Law
Satisfied Customers: 5,356
Experience: Over 30 years of experience.
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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.

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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: 5,356
Experience: Over 30 years of experience.
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Customer reply replied 4 months 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.

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Customer reply replied 4 months 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.

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Customer reply replied 3 months 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.

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Customer reply replied 3 months 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 3 months 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.

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