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Is the new living conditions and environment enough for me to ask for custody? What would be the process for a retrieval

Fort Lauderdale, FL |

Mother of our child left our nice home in FL to a dump in NY. Following her arrival she filed restraining order alleging verbal and physical abuse. I believe her to be living with her mother and father which lives in a one bedroom 600 sq ft cramped apartment in the hood in Bronx, or with her sister and her sister's two kids that have an abusive father. My question is, she took her out of a comfortable home to a cramped or dangerous situation which is out of my control. Do I have a chance to get custody or at least have the judge return my child to Florida? Myself and the mother were never married and she has only been in NY for 2 weeks.

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Attorney answers 3

Best Answer

Thank you for your question. You need to file a petition for paternity to establish your legal rights. As you did not marry the mother, you do not have the same rights as if you were married. Because you are not married, and are only the biological father of your child, under Florida law you must establish your rights to become the legal father of the child.


I agree with my colleague Mr. Stadler. I would add that you need to move quickly to keep the case in Florida. As long as your child has been in Florida for at least the last six months, you can get the Florida Court to rule on your custody issue. Now, go do what you need to do. Best of luck to you.

The information contained herein is strictly general and should NOT be construed as legal advise, nor to create ANY type of attorney/client relationship. Always seek the advice of a licensed attorney to ascertain the complete facts of your particular case. You can reach me in my Fort Lauderdale office at 954/734-6048. If you liked my response, please "MARK AS GOOD ANSWER." Thanks and best wishes.


You must act quickly. You must get to an attorney, and hire the attorney to file a paternity action here in FL. Any custody battle must take place in FL unless you wait until NY becomes the home state of the child in six months, then the case has to be filed in NY. The attorney you hire should be able to tell you much more.

R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.