Legal Question in Family Law in New York

Re: Do I have to go back to NY

This is a difficult situation. While only the court can suspend the visitation rights of a parent, the fact that the mother did not appear for a court date may indicate that she has (by waiver/default) agreed to the move to Hawaii.

Exactly what arrangements the court would have made for visitation we cannot know.

However, your ex-wife may be unaware that the military will give your location and status to any person with a legitimate interest (this would be in that category) who writes to your personnel command center and pays 5.50 dollars.

How are you receiving communications from them?

I would recommend (if they know you are in Hawaii) having you and your daughter write to her mother assuring her of the daughter's good health and general well-being and omitting any return address. Set up a special email account (yahoo and hotmail give free addresses) and ask to communicate that way.

The fact of the shelter and volatile boyfriend gives you good cause to be reluctant to communicate your address. Write to the court that heard the original case (without return address) and explain why you are doing this.

In addition, communicate with the military legal office. They have lawyers on staff (the rank is captain) who are assigned to just this type of problem. Do that first.

good luck.

andrew

Re: Do I have to go back to NY

You should immediately obtain legal counsel and representation!

In the meantime, go to your local Family or Domestic Relations Court and file for an Order of Protection for both you and your family members, especially your daughter. You must provide documentation concerning the nature of the danger and harm to your daughter if the Order of Protection is not provided.

Hopefully, you are not in violation of your custody judgment or order concerning your child's residence, other than your failing to provide for visitation, since the move.

If you are, then you should file a motion or order to show cause in NY seeking to modify the order concerning your daughter's residence, on the grounds of necessity, "nunc pro tunc." Which essentially means: "back to the date the order [you are requesting ] should have been entered"). Provide the court with your US Military Relocation Orders and any supporting documents pertinent to your daughter.

Supporting documents might include her health, education and general welfare status; and the questionable alternative of living with an unstaple mother and paramour; as well as the military necessity of your move.

Make certain to get your commanding officer on your side. It will carry weight in Court regarding your character, stability and good faith.

Good luck,

Re: Do I have to go back to NY

By unilaterally relocating your daughter and violating the court order, you can jeopardize your custody. Your description was a little unclear as to the terms of the current order and what each party has done since it was entered. You need to conult with a New York attorney immediatley, although it may also be useful to speka with a HI lawyer to see whether you can commence and maintain a proceeding there. I am not sure that I agree with the other attorney who suggested you seek an OP. You need to provide more details. Feel free to call me at 212-367-9167 to discuss this further. I do not charge a fee for the intial consultation.