Mother Took Child to Another State

State: New York


My son is a month old. My ex and I weren't married. We dated or 3 months. She got pregnante. I got married to my now wife, before she I knew she was pregnante. We decided to work everything out of the court system. With the help of my wife we set up a nursery worked out money and visitation. Even had a couple over night vists his first week home. Then my son two weeks old. My ex calls me gives me twenty minutes notice she is moving to North Carolina. I filed the petition for custody found her new address in NC. They are trying to serve her as we speak, but she is hiding. What are the chances of being part of my son's life? I know the courts are always about the mother. I just want custody of my son. What should I say or do when I hace court this month?

Given that you two created an out of court custody arrangement wherein she was given primary custody of your son, my guess is that the courts will let that stand, unless you can show that she is an unfit parent. I think you will probably be granted visitation rights. A change of custody is unlikely at this point.