Saturday, June 15, 2013

Can I request supervised visitation if I cannot find and serve non-custodial parent and am afraid NCP will abduct our child?

Q:  The non-custodial parent is not a citizen and left the country due to arrest warrant and to avoid paying child support. I don't know where NCP is. I have sole custody. The NCP no longer pays child support or visits child. I fear the NCP will return and abduct child. NCP got foreign passport for child without my knowledge or consent years ago. Family court ordered it to be in my possession and I currently have it, though I was informed by consulate of NCP's country that they cannot prevent a new passport being issued. If NCP returns and wants visitation, I was planning on denying visitation (due to abduction fear) and going directly to family court to file a petition for supervised visits. Not sure how to go about things and if there is anything I can do before NCP possibly returns.

A:  David's Answer:  There's not really anything you can do in advance because he would need to be served with a summons & if he's not in the country, you can't serve him. That said, upon his return, if he files, you may counter-file for an order of protection (if warranted) and a request that his visitation be supervised. Nevertheless, for a full assessment, please schedule a consultation with a NYC Child Custody attorney.  -- David Bliven, Bronx Child Custody attorney (

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