Legal Question in Family Law in District of Columbia
Modify Visitation From Another State
My son's father has legal custody and because I lived so far away(Illinois) I had very little visitation. He moved to the D.C. area 4 years ago and I moved 3 years ago also so that I could see my son more. Now that I am living in the same area I would like to see my son more than what the original custody decree allows. I would like to petition the courts so that I may be able to spend more time with him. The original decree is from the courts in New York State, which is where he previously resided. I get to see him 2 weeks out of the year and alternating Christmas and Thanksgiving and whenever the father feels like it and then he wants a 30 day notice of which most time he never honors, my son is 7 years old. do I have to return to New York or can I file here in D.C. I have tried to work this out with the father to no avail. I am so stressed out and I miss my child.
2 Answers from Attorneys
Re: Modify Visitation From Another State
You should file your action for visitation in the jurisdiction where the child currently resides which presumably has been at least six months or more which under uniform laws concerning custody, visitation and related matters should give the court in that jurisdiction authority to act independently of the prior New York state decree on the issue of visitation.
Re: Modify Visitation From Another State
Even though the New York court had initial jurisdiction over your case, now that you and the child have moved the court where the child lives is the appropriate venue. So if the child lives in D.C. then you would need to file in Superior Court, 500 Indiana Avenue, 4th floor for a modification of the New York order.
Sincerely,
Tiziana Ventimiglia
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
