Thursday, October 9, 2014

I was served a notice of motion but can't make it to the hearing, what do I do?

Q: I was granted full custody some months back and then I was granted relocation to Florida (I live in NY for now) a couple of months ago with visitation to be discussed among the parties. I am the mother and the father has filed a notice of motion to be heard. He was late to the last hearing and missed his opportunity. I was served Sept 27 and the hearing is Oct. 6. I am leaving NY to go to Florida this weekend since I have work lined up for next week. What do I have to do?

A: David's Answer: First, you're required to answer the motion in writing. Irrespective of your physical appearance, if you do not submit a written opposition, the motion could be granted on your default. Assuming you submit written opposition, then you can submit proof of your airline itinerary along with a letter to the Judge requesting an adjournment (be sure to copy same to the other party). - David Bliven, Bronx Child Custody attorney (

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