|Lawyers.com > Discuss Your Legal Issue > Ask a Lawyer > Child Custody > I have a 1yr old son. I take care my son, spend quality time daily w/ him. When the mother gets upset I can't see him & she plans on moving to NY|
The mother must file a "notice of intention to relocate" and serve you with it, similar to a lawsuit or divorce suit. You then have 20 days to respond to the court and object. There must be a hearing before a circuit judge to determine if it would be in the child's best interest to relocate. If there has never been an adjudication of paternity, custody or parental responsibility, meaning you simply had a child out of wedlock and never went to court, then you should immediately file a "Petition to establish paternity, time sharing and child support" with the circuit court, and server her with the papers by proper service by a sheriff or process server. This will create a court case and she cannot simply move away in the middle of the court case. If you cannot afford a lawyer, there are self help desks at most court houses, and a lawyer will help you fill out do it yourself forms for a small fee.