cafebustelo
Yessi 🇩🇴
Mamas who have dealt with custody battles with both parents being in different states. I decided to leave my partner today and took my daughter with me back to our home state of NY (my daughter and I were both born there). My family/support system is in NY and not in MI where my ex is from. We stayed in Michigan for about 8 months and I’ve read online that it takes 6 months of living in any state to establish residency. My partner is threatening to have me arrested on parental kidnapping charges. Will I be trouble because I left with our daughter? I wanted to file for custody in NY but because we’ve been in MI for 8 months, will I have to return to do so? (We’re not married.) TIA.
P.S. I realize I should consult with a lawyer but I’m still waiting on a call back from a few places.
P.S. I realize I should consult with a lawyer but I’m still waiting on a call back from a few places.
12.04.2019
1
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cantdeletebutimgone
As far as I know for every state if you were not married when the child is born you have sole legal physical custody of your child until a court says otherwise. He would have to take you to court to get proof he's the father to have any rights. Is he on her birth certificate? If that's okay ask because that would work in your favor as well
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cafebustelo
My issue is, I have no money to even go back and defend myself in court. And yes, he’s on the birth certificate.
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cantdeletebutimgone
Have you looked into any legal aid in your area? They're pretty much free court appointed attorneys. If there are any their office would most likely be located by the courthouse
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delete...
You technically have full custody if your the mother, not married and there's not a court order. Don't sweat it, love. Sounds like he has serious issues!! Whatever you do DO NOT let him leave with her though if he comes to see her bc he can keep her if he's on the birth certificate. My cousin went through that (different state) and it took a year of fighting in court. I'd wait until a court order honestly, he sounds toxic. Good luck!!
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a.mama22
Every state is likely different but here’s a little glimpse of what you can possibly expect. ссылка
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meaniehead
I don’t think you can be arrested or anything but did you give him adequate time and let him know you were leaving the state ? Is he a danger to you or his kid ? How is their relationship ? Do they have one ? That will all be taken into consideration and depending on his involvement you can get in a little trouble depending on who files first and what evidence he has against you to show the judge
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cafebustelo
Well we had an argument about his choice of coping from losing his mother and job within days. He would leave the house at 7pm and arrive around 5am and did not want to be question on whereabouts. From snooping around I found out he was engaging with women at a friends house but I’m not sure if he physically cheated. He only just started helping out with our one year old. I asked for his habits to change and he took issue with it and said he wanted me out of the house. Initially, I didn’t plan on leaving until he said told his sister he wanted me to leave, and called the landlord to tell them I was not to step on the property. I had no choice but to pack immediately and go back home.
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meaniehead
@cafebustelo, in those circumstances , you should’ve filed emergency custody yesterday girl. He needs help and it’s best if you guys weren’t around him while he’s doing irrational things.
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squishymommy1
If you don’t have a court order there’s nothing he can do about it. You didn’t kidnap her.
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