Legal Question in Family Law in New York

Joint Custody ,Mother moved to Alaska

any help would be welcome!!this is a sticky one .joint custody was granted in 03,in 05 mother moved to Fla this was ok by me as I was still able to visit often,a few months later child came back to NY for the summer.It was agreed to keep child in NY to start 1st year of school as his birthday would have detured that .after a productive year in school child returned to fla, I later found out it was more for her benefit as she was Pregnant and planning on marrying ,hiding all from both our son, her family and myself.I went to visit him in fla this past Aug,while droping him off with his mother she informed me she was moving to Alaska with my son.I 2 weeks.In the year he was in school I allowed visitation with her family including a 15year old brother who lives with her mother here in NY,she has since alienated him from her family.I have tried to have her Personally served in Alaska ,though the process server made a mistake and served her husband,who just joined the Army ,hence the reason for her moving to Alaska.She has since avoided Service .She Is a RN ,I am a Boat Mechanic who has been at my present job for 7 or 8 years.I want my son home ,what do I do ?????????? Thank you for reading all of this!!!


Asked on 11/13/06, 10:10 pm

1 Answer from Attorneys
Seth Kaufman Kaufman PLLC

Re: Joint Custody ,Mother moved to Alaska

You need to provide more details about your situation, including the original terms of the divorce or other judgment/agreement that determined custody; what, if any, subsequent orders were made or papers filed; and where your current case is pending. You do need to get good service, though you may be able to get permission to serve by alternate means. Strongly suggest you engage counsel ASAP, since time is your enemy - NY may not have jurisdiction indefinitely, and the longer your child is gone, the harder it can be to get him back. Feel free to call me to discuss this in further detail.

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Answered on 11/13/06, 11:04 pm


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