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  1. #1
    Join Date
    Jul 2011
    Location
    KY
    Posts
    3

    Default Visitation Arrangments After an Interstate Move

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

    I have a 21 month old son who has lived with me since birth. I filed petitions for both custody and support back in March 2011 in NYC. His father has had very little involvement in his life. We lived 1 block away from him while in NYC and he rarely came to visit/did anything for my son. His paternal grandmother was the one with more involvement. So in June 2011, I had no other choice but to move out of NYC because of babysitter issues and frankly not enough money to live for me and the baby. I have proof of my monetary problems and also proof where I had to break my lease and am STILL paying back rent that I owe from earlier this year. I moved to Kentucky to live with my parents. I informed his father of this move in Dec '10/Jan '11.

    We get to court last Thursday and his father contested my petition and now wants joint custody. Alledging that i'm "unfit because of the decisions I make" (say what??) and have prevented him from seeing his son. Since we have been gone (my son left NYC in April with my parents), we have not received one phone call, email or text from his father. None of my contact info has changed. The only thing we have received is 3 child support payments that just began this month (due to garnishment of wages). We both now have court appointed lawyers and have a hearing in September to discuss visitation.

    I will not do joint custody and I refuse to foot the bill all the time and do all the traveling. KY to NY is about 740 miles one way. I am starting 2 new jobs August 1 and can NOT afford frequent trips or much time off as both jobs are PT and only one offers benefits after the 90 day period. I am proposing 1x weekly skype visits, frequent phone calls and 6 yearly visits - 3 weekends (1 weekend about every 2 months) in which we travel to NYC, 1 week and 2 other times during the year in which his father must come here (anytime from 3 days- 1 week for bday, Thanksgiving & Christmas), to be modified as needed the older my son gets. Is this unreasonable? and what are the chances the court would agree to that type of arrangement?

    Thank you in advance!

  2. #2
    Join Date
    Jul 2006
    Location
    TN
    Posts
    699

    Default Re: Visitation Arrangments After an Interstate Move

    So, you left the state with a custody/child support case pending? He will likely get joint legal custody of the child and you have to let that go. He is your child's father. You are the one that created the distance so it is possible that you may be required to pay some if not all of travel.

    If he does not agree to the visitation you have proposed, you will either have to come up with something in mediation that you both agree to, or the judge will order what he sees is best.

  3. #3
    Join Date
    Jul 2011
    Location
    KY
    Posts
    3

    Default Re: Visitation Arrangments After an Interstate Move

    @Neal1421 So the court will not even take into consideration my financial hardship and the fact that his father was not really involved in his life? I have proof of my wages, expenses and a notarized note signed with my landlord to vacate the lease. I had no choice but to leave the state, I am $1800+ (back rent) in the hole from that lease and still have expenses to pay from the turned off utilities. His father was informed of the move months in advance. That should be proof that I did not maliciously leave the state in order to keep him from his child.

  4. #4
    Join Date
    Jul 2006
    Location
    TN
    Posts
    699

    Default Re: Visitation Arrangments After an Interstate Move

    In your post you say that you filed for support in March 2011, was there an order in place between March and June? If not, he was under no legal obligation to pay child support. The court will not take into account that he was not paying as he was not legally obligated to pay.

    None of what you have stated will have any bearings on the fact that he will likely have joint legal custody. He will probably get visitation with you having primary custody due, however if I were you I would be expected to pay some if not all of the travel expenses for visitation since you were the one that created the distance.

  5. #5
    Join Date
    Jul 2011
    Location
    KY
    Posts
    3

    Default Re: Visitation Arrangments After an Interstate Move

    Sorry for not being completely thorough, and I missed the joint legal custody note. In April 2011 a temp order of support was established, in June the final order of support was established. I was still in NYC when both of these came into effect. We didnt receive any payments until July 2011 - because they began to garnish his wages. He is still in arrears in excess of $500. So April 2011 until the wage garnishment began he was legally obligated to pay and was NOT making payments. May 2011, we had a custody hearing he never showed for, this past thursday was the adjournment of that hearing. He contested my petition for full physical and legal custody. We now have another hearing est. for September 2011. In the meantime there is a temp order of visitation where i must take my son to and leave him for a week in August to NYC. He is ordered to reimburse me half of my son's plane ticket which i don't believe is unreasonable. I appreciate the insight.

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