I never married my son's father and he has lived with me since birth.( now 11)

If the kids father protests it NY courts will order you back or give him full legal custody.

I know someone that tried to move out of NY and the child's father did exactly that.

But if he has never seen the kid... pays no support or anything... then how would he know?

He see the child but does not pay child support. How could he get full custody when the child has never lived with him?

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Originally Posted by kjwir03

he see the child but does not pay child support. How could he get full custody when the child has never lived with him?

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All he has to do is present to the court you are fleeing the state in order to prevent his visitation rights of the child. And you would be in fact leaving the state and moving further away. Perception and appearance can mean a lot.

If he then files for legal custody... he would then have a far greater chance of getting it awarded to him... and even if you DID already have legal custody... get it taken from you.. as I said... I knew a woman from NY that tried to move to MD, when baby daddy found out lawyers got called and she had to return (I dated her at the time that happened).

He might win, he might not. But since the court would now be involved it's a possibility. And if he would care enough to fight it.

Custody... and legal custody... aren't the same thing even though they share some parts in common.