Legal Question in Family Law in New York

My Daughter lives in New York, Her boyfriend told her he wants to break up.They have a 3 month old baby.Can she move back to Florida,He wants her to stay in New York with the Baby,

Asked on 10/24/13, 8:29 am

1 Answer from Attorneys

Paula McGill Attorney at Law

It all depends. Is he considered the legal father under New York law and is there a custody order? If there is a custody/visitation order, she should obtain permission from the court before the move, especially if it is required in the order, the parents share legal custody, or the move will interfere with the father's visitation.

If he has not established himself as the legal father, he does not have a say about the move. In fact, in that situation, under the law your grandchild is considered to have only one parent (your daughter). The father establishes paternity by signing a Acknowledgement of Paternity or by filing a petition with the court and having the court issue an order of filiation.

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Answered on 10/25/13, 1:53 pm

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