Legal Question in Family Law in New York
Custody dispute
Joint custody in NY awarded w/placement given to me in 2000. Ex moved out of state w/o notifying court in 2002. In 2003 my husband transferred job, we moved south, with consent of Ex. Ex then moved to California in 2004. Visitation was sparse, but we did what we could, when we could. I never denied visits. My husband lost job and we returned to NY this past summer. Daughter went to CA for 3 weeks on flight accompanied by her dad/girlfriend that sum. Three weeks ago, ex moved his new wife and her kids to NY to look for home and job. He returned to CA to finish his job. Promised daughter he was moving....changed his mind last week and his wife moved back to CA. My family and I made plans for summer vacation, assuming he was moving here. Now he is DEMANDING I send her out there for 4 weeks, on a flight alone....during the time we already have arranged to spend on vacation. Daughter is crushed by the empty promise by him that he was moving here. He even took her house hunting w/realtor when here. She is having anxiety attacks and I am scared to send her out there....besides, it is not convienent due to vacation we have planned. What if any rights do I have? She does want to go...but I am not comfortable...She is 8yrs.
2 Answers from Attorneys
Re: Custody dispute
If the order does not specify that she is to travel to California for visits then you are not required to do so. If the order, however sets forth vacations to be spent with him, then he should go back to court to inform the court that he has moved. More than likely, he will probably get visits in California. You should speak with an attorney, visit my site at www.traceyabloodsaw.com
Re: Custody dispute
This must be very hard on both you and your daughter. It sounds as if he is more 'unreliable' than mean.
1. There is no legal requirement that you send your daughter out of state. If you don't think this is in her best interest, don't do it.
2. The only way he can require you to send her out of state is by getting a NY court to make the order and, unless he had a lawyer for the original custody/hearing dispute, then he does not sound organized enough to come to NY, get a lawyer, and then show for a hearing.
3. even if he does get organized, an experienced lawyer can make it very, very, very unlikely that your dauighter will have to go out of state in 2007.
You are welcome to a consultation for no fee. Email is best to make an appointment.
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