My ex and I were never married and we have a verbal agreement I pay child support for our 8 year old but it is not through the courts and I pay in cash. I get my daughter every other weekend I live in NY and the babies mother wants to take her out of state to Philadelphia to live. What are my rights as a father and can she just leave with the child since we do not have no agreements in court.
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This will get complicated. Paying in cash is a bad idea as well - what if the mother of your child suddenly decides to debate the amount you claim you're giving to her?
You may want to take a look at this post regarding moving a child out of state.
http://www.thelaw.com/forums/showthread.php?t=49065&p=163152#post163152
The Uniform Child Custody Jurisdiction And Enforcement Act ("UCCJEA") is a Uniform Act drafted by the National Conference of Commissioners on Uniform State Laws in 1997. The UCCJEA has since been adopted by 49 U.S. States... the only state that has not adopted the UCCJEA is Massachusetts, although a bill to enact it is presently pending in its Legislature...
Matters like these are complicated. Verbal agreements leave you in a position where you have to prove everything. Others here more well versed in Family Law might be able to provide a more complete answer.
Proserpina
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Hi, Dad.
In NY, the burden of proof would be on Mom to prove that relocating would be in the child's best interest.
You should, honestly, file immediately to establish custody (Mom will likely be the primary), and an enforceable visitation plan.
I'm talking filing before close of business today if you can - if not, first thing in the morning.
You can find forms right here
In NY, the burden of proof would be on Mom to prove that relocating would be in the child's best interest.
You should, honestly, file immediately to establish custody (Mom will likely be the primary), and an enforceable visitation plan.
I'm talking filing before close of business today if you can - if not, first thing in the morning.
You can find forms right here
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