My question involves a child custody case from the State of: Tennessee and New York
July 1st, 2010 I moved with my boyfriend to NY from Florida. It's where he is originally from and his family/parents live there. In January 2011 our son was born. My ex is in the BC and he filled out an AOP. Things were not working out between us, I can give details but I feel that might be unimportant. On 3 different occasions my ex took our son without telling me where they were going, when they coming back or any details at all and each time didn't come home till a day or two later, twice I called the police to make a report of it, but they explained they could do nothing but make the reports for me and advised me of numbers I could call for abuse hotlines. Things between my ex and I got to the point of him kicking me out. Of course I would not go anywhere without our son. I have been a stay at home mom and my ex was a bartender. He recently bought a bar with a partner. With the added stress of a new business since October 1st, my ex blatantly said, I can't do this anymore, I'm buying you a one-way ticket to Tennessee to your parents.
I had to pay to put my things and the baby's things into storage and my ex paid for our one-way ticket on the plane.
I have been in Tennessee for 2 weeks now and already signed up for and receive foodstamps/WIC/Medicaid. I have a Tennessee state ID. I have read that TN is unique in the fact that there is no required duration to establish residency, is this true and my son and I are now residents of TN? If so, can I file for custody here? I talked to my ex yesterday and he said he wants to come pick up our son in feburary for the whole month whether I want it or not because he wants his visitation rights and also for the whole summer. I tried to explain that you can't take an infant from their primary caregiver for that long. He did not care and said too bad, the baby is a resident of NY. I'm afraid if he picks up our son he won't come back. We were never married. What are my rights? What are his rights? I have already begun to file for child support too. I also read, in TN unwed mothers her sole custody. Is this true? Or would I have to still be bound by NY laws which state everything is 50/50? Would I have to move back to NY if my ex files for custody first? Sorry this was a long post. Any help/advice on what to do, steps to take would be greatly appreciated.
I am not saying my ex is unfit, but he is an alcoholic who owns a bar. He is always at work or there drinking. I even have audio recordings of him saying he doesn't care if me and the baby are homeless and him saying how drunk he is and audio of him puking outside in our apartment complex parking lot an so much more. His mother is a hoarder too. I'm not sure if your familiar with that disorder and the emotional baggage/ behaviors that are associated with that but he wants her to be the babysitter while he is away. In addition to it all he has a 45lb dog that has tried to bite the baby several different times. I do not feel the baby is safe without me. Is this relevant to custody?