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what a mess

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jack sprat

Junior Member
Ok, who can help with this one?

Dad (me), stepmom (wife), and son (mine) live in Louisiana, son has been with us for 10 months. Until 10 months ago, he lived with his mother in NY since birth. At her request, I was left off birth cert., and told that I would get nothing, and give nothing when it came to the kid. there is no legal paperwork showing that I am father. things have changed. She asked last year that I pay her some support. between us, we figured out a fair amount, and I paid her willingly until she asked me to come to NY to get him "for a little while" the mom has since gone on the lamb and bounced around a few safehomes and shelters running from the dad of one of her other kids that was beating her. she wound up in new mexico, and has been there since probably september. i am trying to get custody for my son's sake. he is only 5, and needs to be here with us, where he is safe, stable, structured, educated, disciplined, etc. anyways, i have acknowledged paternity, and have a lawyer ready with a custody suit when the time is right. i know what is going on with everything, but:

I paid no child support for the first four or so years of my son's life, because she never set it up through the courts in NY. I also only saw him a few times at my parent's house (where he stayed 2-4 days a week) when I would go visit from Louisiana. Either way, nothing was paid. I just found out that in Louisiana it is not possible for the mother to sue me for child support that was never ordered by the court, but rather that she can only sue for support dating back to the court order. What does NY say about that? The reason I say NY is because that is where she and my son lived during that time. I am not sure of jurisdiction though. She lives in NM now, and had been there for almost 6 months. Does that allow/not allow her to use NY law anyways? What about NM?

Please help or point me in the right direction.....
 


CJane

Senior Member
Well, the easy answer is, if custody was never established previously, and child support was never established, and both you and the mother have left NY, then you're the current custodial parent, and all motions should be filed in your county.

Can't promise that's absolutely correct, but it seems to be what is usually said here.
 

jack sprat

Junior Member
Is there anyone from NY or knows NY law that can help? I've been searching quite a bit, but I can't seem to find the info anywhere about this.

Thanks in advance...
 

Fl Cat7

Member
NY does not matter. You will file in the county the child has been living in. Do you have him in school or daycare? Have you taken him to a doctor for check ups? Claimed him on your taxes? If you can show that the child has been living with you full time for the last 10 month then custody belongs in your county. If you have a lawyer already he did answer this by saying he/she would take the case.
Good luck.
 

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