Saturday, July 27, 2013

My daughters is visiting her dad out of state and is now telling me not to pick her up because he wants her for August as well.

Q:  We made this agreement verbally to split the summer a month each, July with him, August with me. We have a court ordered visitation agreement that does not mention the summer at all.
I agreed to not let him pay child support the month of July when he had her, he also decided not to pay half of another month as well. When asked about the extra child support was when he threatened to keep her for august.

A:  David's Answer:  Assuming the prior order was done in New York, you should file an order to show cause & petition requesting an order that he return the child (a/k/a "writ of habeus corpus"). You can then accompany the police in his state with the signed order to retrieve the child. For a full assessment, schedule a consultation with a NYC Child Custody attorney.  -- David Bliven, Bronx Child Custody attorney (

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