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    confusedmommie's Avatar
    confusedmommie Posts: 2, Reputation: 1
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    #1

    Feb 27, 2012, 06:55 AM
    Legal Rights
    I have a 2 year old son with my partner and I am wondering what my rights are to move out of the state of NY? Mental & verbal abuse to me, has never taken any initiative to take care of his son. He has put his daughter through hell over the time I've known him.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Feb 27, 2012, 06:59 AM
    Hello c:

    While there's no visitation court order, you can move anywhere you like. But, if/or as soon as he GETS one, you may have to move back.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Feb 27, 2012, 07:10 AM
    NY is tough about one parent moving and effectively taking the child from the other. If there is a Court order, you cannot move. If there is not you can move but your partner can force you to come back IF the move changes the pattern of visitation and there is no Court order.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Feb 27, 2012, 08:00 AM
    You say with your partner. Does that mean that you are still living with him? If so, (as noted) if you leave, he can apply to Family Court for your son's return. If its your ex and you don't live with him, then the question of whether there are any court orders in place becomes an issue.

    My recommendation is to go to court to establish custody and the right to move.
    confusedmommie's Avatar
    confusedmommie Posts: 2, Reputation: 1
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    #5

    Feb 27, 2012, 09:03 AM
    Currently I have nothing in place and I still live there with him. I need to speak with a lawyer and find out all of my rights as to moving and custody. He hasn't watched him alone a day in his life. Gets home just minutes before he is in bed every night. I know people have to work as I do myself, however this is outrageous.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Feb 27, 2012, 09:24 AM
    Well, then that's your answer. Hire a good Attorney and go from there.
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