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  1. #1
    Join Date
    May 2011
    Posts
    6

    Default Summer Visitation from State-To-State

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

    I've been sole custodial parent since my child was born, father has had visitation for no longer than every other weekend. Has a failed drug test on file. I received his permission (notarized, going through court currently) to move out of state with child. I've been made aware of threats to not return child home from her visitation to him during summer. Is it possible for him to do so?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Summer Visitation from State-To-State

    If he keeps her beyond his court-ordered time, you can absolutely file contempt and have her returned to you.

    Was that your question?

  3. #3
    Join Date
    May 2011
    Posts
    6

    Default Re: Summer Visitation from State-To-State

    Basically... is there a possibility of him being able to keep her if he was to lie and file an emergency custody order? I'm in no way an unfit mother or anything close. & he & I have joint legal custody w/ me retaining sole physical custody...does that change anything?(it was my way of trying to make the transition smoother...I also came up with summer, holiday & long school break vis. during the year to ease the move for the child & him both... he has a history of being uncooperative & difficult). The child with be with him for less than 2 months, with me retrieving her. I just like to have all my options covered beforehand & know what to expect

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Summer Visitation from State-To-State

    If the court approves the move then Dad can't do a darned thing about it. Filing emergency custody won't help him - the child is obviously safe and there is already an ongoing court case.

  5. #5
    Join Date
    May 2011
    Posts
    6

    Default Re: Summer Visitation from State-To-State

    we both agreed on every aspect of the move (in writing & when he wasn't being influenced by significant other, of course) & had our own detailed agreement notarized as well as an agreement thru a type of legal aide office thats (slowly) making its way through the court system. Needless to say, NY courts aren't exactly the cream of the crop. So I'm hoping that i covered everything...but ya never know sometimes!

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Summer Visitation from State-To-State

    Nope, you're right - sometimes weird things happen!

    But given that Dad consented in writing, you really should be ok with the relocation.

    If Dad pulls any tricks, do come back and update and we'll see what your options are.

  7. #7
    Join Date
    May 2011
    Posts
    6

    Default Re: Summer Visitation from State-To-State

    thanks guess i'll just wait & see. i'm hoping summer goes by fast!

  8. #8
    Join Date
    May 2011
    Posts
    6

    Default Re: Summer Visitation from State-To-State

    sooo here's the update. dad hasn't signed the papers through mediation...missed a few appointments to do so, plus his address has changed & they can't reach him at any numbers. i don't have a current number/address either. his visitation is supposed to take place in less than 2 weeks. i know that since he didn't sign the mediation paperwork that we resort back to the orders in place beforehand- which was every other weekend for him... what do i do from here? is it possible to file anything in this state even though we haven't been here the required 6 months (its been 3), or how do i got about filing in ny from here? i hate waiting until last minute.

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