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    KREATIVE40's Avatar
    KREATIVE40 Posts: 1, Reputation: 1
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    #1

    Oct 13, 2012, 02:53 PM
    Move to NY
    I am a single parent, never married , we have never been tocourt except for child support.
    I live in Florida, but want to move to ny. The father , isn't happy about it.
    I am custodial parent he is non custodial
    Can he stop me
    Also can I file permant child custody paers in New York to him in Florida
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Oct 13, 2012, 03:54 PM
    First its not a good idea to piggyback your question on another thread. This can lead to confusion. So I've moved your question to its own thread.

    If the father has been an active participant in your child'slife there is a good chance he can. The fact that you were awarded child support mans he is the legal father. If he goes to court for visitation there is a good chance he can block the move. You can't file in NY until you have established residence. So if he files in FL before you can file in NY, he can block you or force you to return the child to FL.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Oct 13, 2012, 04:12 PM
    Quote Originally Posted by ScottGem View Post
    ... You can't file in NY until you have established residence. So if he files in FL before you can file in NY, he can block you or force you to return the child to FL.
    And also you can't file in New York until that state becomes the child's "home state". That will be when the child has lived there with you for six months or more.

    Until then, if either parent wishes to file in court, it will have to be done in Florida.

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