Abusive ex filing for sole custody

[holrocker]

What is the name of your state (only U.S. law)? NY

What is the name of your state (only U.S. law)? NY

On dec 26 2016 I left my abusive boyfriend and moved back to my home state of NY. Me ,my son and his father were living in PA begining June 27 2016.My ex has a criminal record in NY and on Dec 26 me and my son were escorted by police out of the home in PA to the airport because my ex would not let us leave. Now he filed for sole custody in PA but me and my son lived there less than 6 months. I had never changed my liscence and all of my family lives in NY , my son has lived in NY his whole life ( besides those 6 months) . My son is now enrolled in pre school here so my question is - is it possible to get the custody case switched to NY? And if so what are the steps to doing that? Unfortunately I am not working yet since we just moved last minute so I cannot afford a lawyer,

 

[Ohiogal]

What is the name of your state (only U.S. law)? NY

What is the name of your state (only U.S. law)? NY

On dec 26 2016 I left my abusive boyfriend and moved back to my home state of NY. Me ,my son and his father were living in PA begining June 27 2016.My ex has a criminal record in NY and on Dec 26 me and my son were escorted by police out of the home in PA to the airport because my ex would not let us leave. Now he filed for sole custody in PA but me and my son lived there less than 6 months. I had never changed my liscence and all of my family lives in NY , my son has lived in NY his whole life ( besides those 6 months) . My son is now enrolled in pre school here so my question is - is it possible to get the custody case switched to NY? And if so what are the steps to doing that? Unfortunately I am not working yet since we just moved last minute so I cannot afford a lawyer,

At the time your son had no home state or did he have six months in New York? By my count you had six months -- June through December. So that (PA) would have been the home state. If you want any chance of winning you NEED counsel and even then PA might still be considered the home state. June 27 through December 26 -- why do you not think that is six months? 360 - 178 = 182 which is MORE than 180 days which is 6 months. Do you want to alter your story now?

When did he file for custody?

 

[holrocker]

At the time your son had no home state or did he have six months in New York? By my count you had six months -- June through December. So that (PA) would have been the home state. If you want any chance of winning you NEED counsel and even then PA might still be considered the home state. June 27 through December 26 -- why do you not think that is six months? 360 - 178 = 182 which is MORE than 180 days which is 6 months. Do you want to alter your story now?

When did he file for custody?

I thought it went by actual months not days meaning it would be a day short of 6 months. He filed on January 4th 2017.

 

[Zigner]

I thought it went by actual months not days meaning it would be a day short of 6 months. He filed on January 4th 2017.

A month, in general, is considered 30 days. you were there 183 days, which is 6 months + 3 days.

 

[holrocker]

A month, in general, is considered 30 days. you were there 183 days, which is 6 months + 3 days.

Okay, gotcha. So if I am unable to seek legal counsel I dont really have any other options?Putting in a petition in NY wont help? How about gathering police reports and child support delinquency?

 

[Ohiogal]

I thought it went by actual months not days meaning it would be a day short of 6 months. He filed on January 4th 2017.

No. You were in PA more than half the month. That state has jurisdiction. You need counsel. Why cant he have a say so in HIS child's life? Because quite frankly, you are stuck with him until the child becomes an adult.

 

[Ohiogal]

No. You were in PA more than half the month. That state has jurisdiction. You need counsel. Why cant he have a say so in HIS child's life? Because quite frankly, you are stuck with him until the child becomes an adult.

YEAR. DANG IT. I need my edit to work.

 

[LdiJ]

Okay, gotcha. So if I am unable to seek legal counsel I dont really have any other options?Putting in a petition in NY wont help? How about gathering police reports and child support delinquency?

Yes, you need all the evidence you can get of the abuse, particularly the police escorting you out of the home and to the airport.

However, you honestly need an attorney. You are risking losing primary custody to your abusive ex if you do not get one. You need to beg and borrow to hire a PA attorney to deal with the PA case. You cannot put in a petition in NY because NY does not have jurisdiction.

 

[holrocker]

No. You were in PA more than half the month. That state has jurisdiction. You need counsel. Why cant he have a say so in HIS child's life? Because quite frankly, you are stuck with him until the child becomes an adult.

He is only going for custody to regain control of me . When we were together he never cared about our son and hes told me he will use our son to get back at me because that is the only thing that will effect me. I understand I am stuck with him that doesnt mean he deserves sole custody.

 

[holrocker]

Yes, you need all the evidence you can get of the abuse, particularly the police escorting you out of the home and to the airport.

However, you honestly need an attorney. You are risking losing primary custody to your abusive ex if you do not get one. You need to beg and borrow to hire a PA attorney to deal with the PA case. You cannot put in a petition in NY because NY does not have jurisdiction.

Thank you , very helpful.

 

[Ohiogal]

He is only going for custody to regain control of me . When we were together he never cared about our son and hes told me he will use our son to get back at me because that is the only thing that will effect me. I understand I am stuck with him that doesnt mean he deserves sole custody.

No where did I say he deserved sole custody. 99.9% of parents do NOT deserve sole custody. I asked about him having a SAY in his son's life. That is all.

 

[holrocker]

No where did I say he deserved sole custody. 99.9% of parents do NOT deserve sole custody. I asked about him having a SAY in his son's life. That is all.

Ive never said he couldnt have a SAY in his sons life. The whole point of the post was about him going for SOLE CUSTODY and me asking the possibilities of getting state changed because my son has more ties in NY( family,school, doctor, child support case) which he did not have in PA due to the short ammount of time living there.