Paternity & Custody

[crippler]

My Ex-girlfriend gave birth to my son in November 2005 in upstate,NY but waited a week to tell me that he was even born so I was not put on the birth certificate. Since that time about 3 weeks ago she moved out of state with my son to Ohio. Before she left a paternity proceeding had been started but once it came time to appear in court she skipped it. I have now tracked her down in the city she moved to and started a paternity proceeding there as well.
In the state of New York the courts can force her to move back within 6 months of her actual move date to Ohio. My question is now that Ohio courts have now taken control of the Paternity case can New York still make her move back?

[Mr. Knowitall]

If the New York court ceded its jurisdiction to Ohio, then the custody decisions will be made by the Ohio court.

[crippler]

New York state stated since she was in another state they had no jurisdiction to force her to come back without a current address. Now that I have that info I am going to my local courthouse tomorrow and give that info to them. So New York has not actually given Ohio the case but to cover myself I started proceedings in both states since she skipped her first appearance here in New York. So who actually is in control of the case?

[Mr. Knowitall]

If you're filing the action, you're effectiveley ceding jurisdiction to the court where you file the action.

[crippler]

Okay so the case is for Paternity not custody. So can custody be ceded back to New York?

[Mr. Knowitall]

You've created something of a jurisdictional mess by filing in two states. Consult a lawyer.