custody and rights as a single parent

[rsarmiento02]

What is the name of your state?
Hi I am in NY, I have been living with my boyfriend for approximately ten years and we have a vhild who is 5 years. Currently we are in the middle of separating. We never got married or anything like that, but I want to know who has the custody in this case? and what type of custody. he did recognize my son as his and my son has his last name. I wouldl like to know my rights and if I decide to move far away , do I need to ask im about it? PLease help

 

[Ohiogal]

What is the name of your state?
Hi I am in NY, I have been living with my boyfriend for approximately ten years and we have a vhild who is 5 years. Currently we are in the middle of separating. We never got married or anything like that, but I want to know who has the custody in this case? and what type of custody. he did recognize my son as his and my son has his last name. I wouldl like to know my rights and if I decide to move far away , do I need to ask im about it? PLease help

How did he recognize your son as his? Did he sign an AOP? If paternity is legally established, he has the right to sue for custody and will get custody of some sort. If paternity has not been legally established, he has the right to sue to establish it and then to sue for custody and will get custody of some sort. Without court orders you have custody HOWEVER that does not mean you can do whatever you want. He can object to you moving his child far away. You would need to inform him and he can take you to court to stop you. You had a child with this man and now you want to preclude him from being part of the child's life? What is that all about?

 

[BL]

Is He named on the Birth Certificate ?

As was said , If no , He can File A petition for Paternity/and or Custody/Visitations .

If you move with/without notice He can File in NY , have you served and you WILL be forced to come back to NY to Court to answer the Petition in a Hearing .

The Judge would most likely order the return of the Child to NY .

You are however free to rome the globe .

Also , it would not look kindly upon you for taking the child away after 5 yrs . of involvement with the Father .

Both Parents have a right to be involved in the child's' life unless barred by Court Order .

 

[nextwife]

Having custody would not give you an automatic right to move THE CHILD away. Your child has the right to have their dad involved in their everyday life even if you and dad are NOT together. Dad can file to have any moveaway denied or negated by forcing return..