Q: im wondering if i can get my son and fly back to new york where i live from kansas, even if the mother doesn't agree and my son already knows who i am to him and is comfortable being with me.... we've recently been to court and i have joint custody and she has residency custody. it was court ordered that we try and work things out amongst ourselves....She has stated its going to be hard for me for the next two years and thats she's going to move. it's pretty clear she's going to make it hard for me to have him visit me here in new york.....Should i just automatically go back to court????
A: The first question I'd have is: what Court issued the order? This is important as it then determines which state's laws apply. Then the next question would be: (a) how old is the child? (b) what does the prior order say about visitation? (c) what has your visitation been like historically with the child? (d) who's going to pay for the child to fly? I would nevertheless encourage you to schedule a consultation with a Family Law attorney to discuss your situation more fully. -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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