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 (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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