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 (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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