What are my rights as a mother when it comes to child custody when I live in NY and my daughter lives in Florida per a notarized agreement broken by the father? What re my rights when paternity hasn't been established?How can I get my daughter back when I haven't seen her since christmas?
1 Answer from Attorneys
Re: Child Custody
"What are my rights?" is a big question. You have to be more specific.
First, if your daughter has been in Florida more than six months, Florida law would apply.
Next, assuming you weren't married when your daughter was born, and since you've said no paternity has been proven (and I assume there is no child support order), Florida law says he has no right to your daughter. You could probably just come to Florida and take her and the police would probably back you up.
If he has somehow established his father's rights--either through a paternity or child support case--you'll have to file for primary timeshare ("custody") in Florida to get your daughter back.
Either way, your best bet right now is to contact a Florida lawyer.