My step daughter is in a bad relation ship in ny. She is pregnant 25 years old and wants to come home to Florida the boyfriend who already lost complete custody N visiting rights to another child told her he will file a petition now that she can't leave the state
In New York, a purported father of a fetus has no legal rights at all to prevent a mother's relocation. He will be perfectly free, however, to pay your step-daughter a visit in Florida on his way to the local courthouse where he will file to establish paternity and for visitation/custody of the child. That litigation would take place where the child is. The fact of his losing custody of another child will have little bearing on this one. Thanks, I get to give optimistic advice so rarely.
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She can leave NY State any time she wants. I do not believe a judge would restrain her from traveling without a legal basis.
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The boyfriend has no rights at this time since the baby has not yet been born. Once born, the local court would have jurisdiction over the child's custody. So, yes she can move to Florida. Upon birth, she should immediately file for custody.
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