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custody when never married

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yuckbay

Guest
I have recently been allowed to have visitation with my 8 year old son. Paternity was established about 5 years ago by the state. His mother would not allow me contact with him and I chose not to create a bad environment so I let him live with her and stayed out of their lives. About a year ago she allowed me to start seeing him. She just told me a week ago that she is moving out of state with her fiance and new baby. She is leaving our son with his grandmother for 60-90 days until they get settled. He is currently at our house for the week and I have asked her to allow him to stay with me and she has declined. Since there was never any custody established through the court or in any way - Do I have the right to keep him with me until she can properly house him? Or, should I file for temporary custody? Do I really have equal rights to custody since no custody arrangements have been formally made?
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by yuckbay:
I have recently been allowed to have visitation with my 8 year old son. Paternity was established about 5 years ago by the state. His mother would not allow me contact with him and I chose not to create a bad environment so I let him live with her and stayed out of their lives. About a year ago she allowed me to start seeing him. She just told me a week ago that she is moving out of state with her fiance and new baby. She is leaving our son with his grandmother for 60-90 days until they get settled. He is currently at our house for the week and I have asked her to allow him to stay with me and she has declined. Since there was never any custody established through the court or in any way - Do I have the right to keep him with me until she can properly house him? Or, should I file for temporary custody? Do I really have equal rights to custody since no custody arrangements have been formally made?<HR></BLOCKQUOTE>


My response:

You had better file for custody now, where the child has been living for more than 6 months. Once the child moves, and residency is established by that State's laws, you'll be forced to go to that other State. Get orders in your own State.

IAAL


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