Can You Relocate and Then File for Custody in the New State

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

Hello,
Asking this for a friend who lives in NY currently with his ex girlfriend (never married) and their 4 year old son. My friend is planning a move soon to Arizona for better career/job options and to make a better life for his son. Jobs in his field in NY are very scarce, and their neighborhood is declining.

He wants to be fair and prefers to keep this out of court, however we all know how these things can get nasty.
He doesn't want sole custody, simply wants joint custody or something similar to where he and the child's mother share time with the child.
My friend would be happy to have the child during the school year and agree to the mother having the child during breaks/summer or vice-versa.
There have been no petitions filed in court as of yet, and I am not sure if paternity has been established on record.

He doesn't have time to hang around NY to file, as there are job opportunities waiting in Arizona and he needs to get this all moving forward. Does my friend have the option of filing in Arizona court, or does he have to file in NY court system?
Things can be done electronically and i'm sure he could get approved for telephonic appearance in NY family court, but it would be easier if he could file in AZ.

The plan is to print parenting time plans from the AZ court website, share them with the child's mother, and see if they can agree without court. She is on NY state assistance (welfare), has no education (no HS diploma or GED) and she has mental health issues and smokes marijuana. She won't have the finances or intelligence to respond to court petitions, but my friend want to try to handle this in a friendly way. My friend is willing to fly to NY to escort his son back to Arizona etc whenever they have visitation, and will pay the costs.

Any ideas?
thank you in advance!

A message for Dad:

Her IQ and finances weren't an issue before, so why do you think the court will care now? They won't care. And they won't be held against her. And it's probably a good idea for you and your friend to refrain from focusing on her education and income (or lack thereof).

If he leaves now, the child will stay with Mom in NY. If he wishes to pursue primary custody, he'll also be staying in NY.

Given that neither you nor Dad are actually thinking about the child, you can help Dad pay for an attorney.

Wow that was a very rude response. He isn't focusing on her income or education, I mentioned it here to paint a picture. He IS thinking about his son by moving to a place where he can provide a better life for him. How dare you be so rude by saying we aren't thinking of the child. You don't know the situation whatsoever!
Did you not read my post where I said he wants to be fair and work out visitation and perhaps half custody???
Anyone else have a response that doesn't seek to demean my original post which is fair and seeking information rather than judgement???

Nope.

A few things:

1) If paternity hasn't been established, dad has zero rights to the child right now.
2) Paternity will have to be established in New York.
3) Any custody action will have to be filed in New York.
4) Joint physical custody isn't going to happen when the parties live thousands of miles apart.
5) Including information re: mom's income & lack of education and intelligence to "paint a picture?" Wholly, totally and completely irrelevant. The court isn't going to give two hoots. Unless mom has been diagnosed with a mental illness that prevents her from being able to care for her child, that won't matter either.

What your friend can count on: Once a finding of paternity is made, the court will order that he pay child support and a long distance visitation schedule will be set, with mom maintaining primary custody if she has been the child's primary caretaker. Since dad is the one creating the distance, he will be ordered to incur all costs associated with exercising his visitation rights.

Quote:

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Quoting azviolet

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Wow that was a very rude response. He isn't focusing on her income or education, I mentioned it here to paint a picture. He IS thinking about his son by moving to a place where he can provide a better life for him. How dare you be so rude by saying we aren't thinking of the child. You don't know the situation whatsoever!
Did you not read my post where I said he wants to be fair and work out visitation and perhaps half custody???
Anyone else have a response that doesn't seek to demean my original post which is fair and seeking information rather than judgement???

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No hon, you mentioned it because you were deliberately trying to elicit a response along the lines of, "OMGZZ Mom sounds like a total deadbeat and you should get custody like right now!".

Since we will not do that, may I offer a wee bit of advice for your friend?

Dude. If you want regular access to your child, you seriously need to think about the concept of "overstepping". So far, that's precisely what your friend is doing here, and you better believe that Mom can get a court order preventing her from being around your child unsupervised.

You really want do that?

Dogmatique,
You are probably the most drama infused individual I have encountered online. Congratulations. You completely misread my post and my intentions and my point.
I happen to have experience in family court, assisting A dear friend with navigating, research, and paperwork that allowed her to win joint legal custody while she was IN PRISON for ten years.
So I am familiar with what judges look at and what they don't care about. Your comment about overstepping is unnecessary and out of context. The mother has no grounds to file for supervised visitation and would never win that.
EA1070a, thank you for the more drama free response. And yes, paint a picture so readers know what the other side looks like. Father can absolutely win joint custody while living in another state. I know people that have. So the decision here will be whether to file custody petition or parenting time petition only. And yes of course child support and costs of travel go without saying.
Thanks to you and I regret posting here overall due to the drama filled responses and over reactions. My original post was calm, fair, and friendly. With good intentions. This experience proves to me that lots of folks out there need a life beyond drama online.
Peace.

No, dear, your post was deliberately manipulative.

Since dad doesn't pay child support and mom is on welfare there is a nearly 100% probability that paternity hasn't been established. If that is the case daddy is going to have to establish paternity before he does anythknh else.

Then, if he is proven to be the father he can file a custody and visitation action


and as you have been told, everything is going to happen in new York courts. Even if paternity has been established the subsequent actions are still going to be in the New York courts as New York has jurisdiction over the child.

Wow. Thanks for nothing. What a bunch of drama seeking losers. If an administrator reads this, please do me a favor and delete this whole thread. Hope everyone who gave dramatic responses get a life. lol! Unreal.