Legal Question in Family Law in New York
Custody Rights
I've had sole custody of my children since I left NY in 2000.Father had no visitation rights.After a period of time I allowed visitation over the summers;it went well till this year 2004.I told my ex I will try to enter into the Navy reserves over the summer to better my financial situation then when I changed my plans do to war news I then was served an order to show cause by ex.Lies were told about me but w/o proof.The court allowed him temp.custody which keep my children from me for 8 mos.There is no abuse,neglect or domes.violence involved in my corner.It was decided that Georgia would be a more convienent forum and my children returned to me immediately.My ex immediately got a stay of the order and an appeal was filed by his lawyer.Now I'm told that I have to wait till April to hear from the court of appeals and during this time be without my children due to my employment and residence in Georgia.My ex is being allowed to dictate when and how long I can see my kids.I've been the sole careprovider for my children and received little support from my ex.I've been stripped of my parental rights as if I'm a criminal or a drug addict.Have I been wrongly treatly by the court in your opinion?
3 Answers from Attorneys
Re: Custody Rights
Certainly more information is needed. However, you mention that your ex has an attorney but it appears that you do not. Given the complexity of the issues and the importance of this matter to you, I would do everything in my power to retain one.
Re: Custody Rights
The custody of children, whether via Court Order, written agreement, actual or constructive consent, is ALWAYS changeable, as between the natural parents.
Also, Once the matter was presented to the Court, in NY, and no other Court held "exclusive" jurisdiction over the children or the issues presented, the NY Court was compelled to fully investigate before permitting the children's removal from the State's jurisdiction.
The Courts in most (if not all) jurisdictions do NOT value a parent's interest or desires over that of the children's "best interest's," And, they DO NOT assume that an individual parent's interest or needs are the same as a child's interest or needs.
Thus, without more info, in my opinion, although it is understandable that you are hurt, angry and frustrated. But, You have an opportunity to prove to the world that you are the "best" parent for the children. That is not unfair or a "wrong" requirement, based upon the fact that You had an opportunity before now, to clarify your and their father's respective responsibilities re the children.
Suggest: that you obain legal counsel and attend all proceedings re custody of your children, wherever the court.
Good luck
Phroska L. McAlister,ESQ
Re: Custody Rights
Any answer would require more information.
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