If She Kicks Me Out What Happens to the Child

**destro360** · 11-20-2008, 10:31 AM

My question involves a child custody case from the State of: NY

I have a 3 year old child with my girlfriend. Currently she works and I stay home with the child and take him to school 3 days a week. She is very stubborn and childish and whenever she doesn't get her way she threatens to kick me out because she knows that is the only way to get at me. Can i leave and take the child with me? What can i do if anything at all. I have family out of state and would like to go live there but i don't know if that would be allowed by law. What are my chances? What should I do?

**Xena** · 11-20-2008, 12:04 PM

Quoting destro360

My question involves a child custody case from the State of: NY

I have a 3 year old child with my girlfriend. Currently she works and I stay home with the child and take him to school 3 days a week. She is very stubborn and childish and whenever she doesn't get her way she threatens to kick me out because she knows that is the only way to get at me. Can i leave and take the child with me? What can i do if anything at all. I have family out of state and would like to go live there but i don't know if that would be allowed by law. What are my chances? What should I do?

Are you the legal father? Do you have a custody court order?
If not, you need to file for one ASAP.

**destro360** · 11-20-2008, 02:26 PM

Yes I am the legal father. Can I get a court order without her knowing? Because I'm sure this will just fuel an already bad situation. What do I have to do to obtain this court order?

**aaron** · 11-20-2008, 02:38 PM

You can talk to your lawyer about seeking an ex parte order (an order entered without advance notice to the other party), but you can't keep her from knowing that you're starting a custody action nor can you prevent her from challenging any ex parte order you obtain (and you may not be able to get one) or presenting her own demands and evidence in a custody suit.