Wednesday, July 10, 2013

My childs mother relocated to Florida from Delaware against a court order. And NY state vacated her child support. what can I do

Q:  I have joint custody and i live in NY. I have had regular visits with my son and have been supporting him all his life. My sons mother relocated from Delaware to Florida against the courts order that she couldnt unless I or the court gave her permission which she did not get. 4 months later she relocated , pulled my son out school all without warning or permission. i have visited my son in Florida. Days after I found out she was gone I filed an order show cause and a ex parte petition. While at the court i also learned that she nor her lawyer did not file a petition to allow her to leave. In new york the child support magistrate vacated her child support order she termed it failure to prosecute. But the real reason was that the magistrate did not like what was being done to my son. age12

A:  David's Answer:  You would need to file an order to show cause & violation petition on the custody case. I'm also assuming that the custody order was originally issued by a New York court. If so, they would have continuing jurisdiction to enforce the order. You should also schedule a consultation with a Bronx Child Custody lawyer for a full assessment.  -- David Bliven, Bronx Child Custody attorney (

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