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

    Jun 10, 2010, 11:05 AM
    If am visiting family out of state can I file for custody of my son?
    I am in New Jersey, visiting family, with my 6 mo old son and immediately need to file for custody of him. We live in illinios with his father but are too afraid to return home due to his mental abuse and infidelity. He is not a stable man and I want to know if there are any options to file for custody here.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jun 10, 2010, 11:44 AM

    You will have to file in Illinois, and it is likely the court can order you to return and live in Illinois or give father custody of the child.

    You will need an attorney ASAP.

    To be able to file in NY, you will have to live there long enough to establish residency, and even then the father can contest it and try and make it heard in the state where you both last lived together since he has not moved

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