Legal Question in Family Law in New York

To follow up to the question before on 2/1/12 about my son's separated wife wanted to move from NY to Pa. with their 3 yr. old son who lives with her in NY, while he is still living with us here in Fl., is "yes", he does have the correct court ordered visitation papers. He wants to stop her from moving their son out of NY to Pa. Also, none of our family up there then will hardly be able to pick him up and bring him back in a few hours for a visit with him! What are my son's rights to stop her from moving him out of NY?


Asked on 2/02/12, 11:29 am

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

If the custodial parent violates a court order, she may be held in contempt of court. Furthermore, the non-custodial parent may file a habeous corpus proceeding in Family Court to have the child produced in court.

Mike.

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Answered on 2/02/12, 11:53 am


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