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Submitted 122 days ago...

twintaurus

twintaurus

New User (1)

Can I leave Florida with my daughter and move to NY?

I have been seperated from my husband since January 28th, 2003, because of domestic violence. He has no license, because of five dui's. Although he has "reformed" he is currently in college to be a fitness trainer, and he works out obsessively, He is 52, I am 38. We live in Florida. I have been wanting to move back to Long Island for years. We are not legally divorced. I have a baby with another man. And my ex lives with his girlfriend for the past four plus years. My ex favors our 10 year old son. He hardly shows interest for our six year old daughter. I have come to an agreement with my ex that he could have custody of our ten year old and I will take our six year old daughter to NY. I will be living with my sister and her family, and the main reason I want to go back to NY is because my mother is dying from Alzheimer's, diabetes, and bouts of pneumonia. She is in a nursing home, and I want to be able to visit her frequently when in NY. My ex says he wants me to sign a paper saying I will only go for six months, or if I take my daughter, he will can have me arrested. I am custodial parent. What rights do I have? It's not like I'm kidnapping my kids! I clearly told him my plans, and my son wants to stay with his dad, so I agreed to that. If I only stay in NY for a short amount of time, do I get my son back, or does my ex have the right to keep him? Should I sign an agreement?

 
 
 
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Submitted 121 days ago...

tomturkey

tomturkey

Brain (2,691)

Well as long as neither one of you have filed for divorce neither one of you have custody of the children. You need to file for divorce and ask for sole custody and then the court will set visitations for the father and also order him to pay child support. You can tell the judge about your mother and how you have to go back home and ask him to stipulate that you can go so your ex can't stop you. If you start signing agreements with him on your own then you need to know that it will not be legal. If you leave and let him keep the child or children even with a statement he can go down and file for sole custody and get it. So many promblems acure when couples try doing this on their own and it gets way out of hand for your sake do it though the court.

 
 

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