Wednesday, December 4, 2013

My husband had court ordered visitation rights to his daughter 12 years ago. Will that order still be In place today?

Q:  He and his ex separated (because she was unfaithful) and her and her family didn't allow him to see the baby on his days and times and he would have to call the cops. She then moved to Florida and my husband moved on and hasn't seen her since, now my husband and his daughter live in ny and he would like to try again to see her. He was thingkinbg of filing for visitation again. Any information will be gladly appreciated. And the original visitation was ordered in ny.

A:  David's Answer:  I disagree strongly with any opinion that Florida would now have jurisdiction if the child "resided in Florida for more than 6 months." This is a "home state" analysis & only applies (generally) to initial custody/visitation determinations. If NY already issued an initial order, then NY retains "continuing & exclusive jurisdiction" over modification proceedings so long as 1 parent remains in the original state. As such, your husband should first send a letter to the mother asking to reinstate & court-ordered schedule & if she refuses, then file a petition. Schedule a consultation with a NYC Child Custody lawyer for a full assessment.  -- David Bliven, Bronx Child Custody attorney (

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