Legal Question in Family Law in New York
Custody/visitation/parternity/served papers
I am visiting family in NYC, i live in Florida, got served papers in NYC, can it be dismissed cause i'm not a resident in NYC?
4 Answers from Attorneys
Re: Custody/visitation/parternity/served papers
Within some very narrow exceptions probably not. The great likelihood is service is valid, and if you do not want to default it will be necessary to defend.
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Re: Custody/visitation/parternity/served papers
If it is a case in New York and you were served here the Court has jurisdiction and any order can be enforced in Fla. You can call me at 516 946 7100 for free telephone consultation or e mail details
Re: Custody/visitation/parternity/served papers
The case cannot be dismissed based on jurisdiction. If you fail to respond to the papers, the court can enter a judgment against you. When facing a paternity suit, it is best to demand DNA testing. That would be the first step and could be the only thing you will have to do. Our office handles such matters (please visit our web site at VeneziaLawFirm.com). If you wish to arrange for a consultation you may call us at (212) 267-7000.
Re: Custody/visitation/parternity/served papers
No dismissal of a NY case, where you are 'SERVED AND NOTICED" in NY merely because you reside elsewhere.
Also, You could have been served in Florida for the NY case, and NY would still retain jurisdiction over the matters of the case.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ