Legal Question in Family Law in New York
Child custody
I moved to Maryland in Dec.of 2001. My girlfriend and her son at the time age 3,were staying w/me on the weekends. They moved to Maryland,from N.Y.C.to live w/me on 9/1/02. In Dec.my girlfriend had her grandma to keep her son until she find a job. That same month my girlfriend found a job.My girlfriend son stayed in N.Y. w/his grandma until Feb.He move back w/his mother & me.His father filed a custody petition,2/28/02,in N.Y.,the father lives in Florida.both parents went/court.The father changed custody order/visit.my girlfriend violated the father visit order/in June.the court grant father temp.custody b/c of one contemt of court. Will court give back child to mother?
1 Answer from Attorneys
Re: Child custody
What you have written is not clear to me. I believe the court gave temporary custody to the father in Florida because the mother (your girlfriend) violated the visitation rights of the father by not making the child available for visitation in June.
Is that correct?
The court may, on petition of the mother (your girlfriend) choose to return the custody to her. This is made by motion on notice.
That is what she must do - go back to court and ask the judge to issue a 3rd order. This type of thing happens all the time.
You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786
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