My question involves a child custody case from the State of: New York
My son is almost 3 and his father relocated our of state 4 weeks ago. If it matters he moved to Arizona for reasons I don't know other then it was not job related. We were not married and separated in December 2011. I filed for and got sole custody and he received visitation every other weekend and Wednesdays before he moved away. He has never paid child support and there is no order, I just don't want it or need it. He doesn't work, his family supports him so there is no sense in trying to get blood out of stone.
So today I got served with out of state visitation papers for six months out of the year, January to June. I just don't understand why his father would want to take him out of his family, (me and my daughter) for that length of time, it just doesn't seem fair to my son. I am at a loss at to where to go. If I need an attorney I will get her back, but will a judge approve an agreement like this? What do I need to argue ? And I really need to know what is fair. I am thinking no more then two weeks away from me at a time at this age. Do I have a right to know where he is living and who he lives with? I talked to my attorney tonight who said that if WE could not come to an agreement then I would need her in court. Do I really need an attorney?
Some other background, my daughter is from my first marriage and her father and I have a very casual custody agreement. She is 10 now, 4 when we divorced. It was also out of state visitation and she went to her fathers for 5ish weeks in the summer when she was almost 6 after the school year finished. She also stayed with other family during this time her grandparents my sister etc. I think this was acceptable because she was older and there was other family around that wanted to see her too. My son's father told me I was "irrational" to not send him for 6months because he deserved to have him too. Um buddy then why did you leave him? Of note also, he has another son who is 15 the he surrendered his rights on. I thought I knew the story but now I am not so sure it was the truth. When his father had visitation he NEVER kept him for his entire allotted time, he would bring him home early or cancel all together. Does that matter?
So if he goes to AZ what about daycare? Or his speech therapy? Please tell me he won't get 6months approved....