Saturday, June 15, 2013

Can I move out of state if our agreement states I need his permission? What might happen if he returns?

Q:  I have sole custody of my 5 year old daughter and her father has visitation and child support obligations. 7 months ago he suddenly quit his job, stopped visitation, terminated her health insurance, and left the country to avoid paying child support. He also has arrears from the previous years. We have had no contact and I have no contact information for him. He has called our daughter a few times each month. He is not a US citizen and has a green card.

A:  David's Answer:  I agree with Mr McGrath, to the extent I believe he was expressing that absent the father's consent, you need to file a motion or petition for modification. If the father defaults, then the court may hold a hearing still, but it will be an inquest hearing (a much simpler procedure). And since the court already has personal jurisdiction over the father by virtue of the divorce itself, the court is likely to order either certified mail delivery or FedEx/UPS delivery (with signature confirmation). In any event, schedule a follow-up consultation with a NYC Child Custody attorney for a full assessment.  -- David Bliven, Bronx Child Custody attorney (

No comments:

Post a Comment