Legal Question in Family Law in New York

Re: Filing for custody from another State

You will need to come to New York if there is a nearing; everything else can be done by mail, phone, and Email.

However, you will need a NY attorney to represent you in the custody case.

You have given very little information which can be discussed here; but if the child has lived in NY for more than six months, then NY is considered the home state of the child for custody purposes.

You should have an in-depth consultation with an experienced matrimonial attorney to learn your rights and options and to decide upon a course of action.

FYI, visitation is considered a right, both of the non-custodial parent and of the child.

Hope this helps.

Re: Filing for custody from another State

Custody issues are usually dealt with by the court which granted custody in the first instance, assuming a reservation of jurisdiction. Otherwise they must be dealt with by a court in the jurisdiction where the child is located.

Consult local counsel who can advise you more specifically after reviewing your divorce decree.