Legal Question in Family Law in New York

Lenght of a Custody Battle if no show
If one of the parties (the mother) does not show up for the dates but send notes, (she has been absent six out of seven times) how long can the case proceed? She has sent notes each time with her lawyer. Because of this the case has been postponed again. This has been going on since September.
Can one parent (the father) who is filing for full custody leave the state of New York and reside in another state (Georgia) with the child while the custody case is in progress or does he have to remain in New York until the decision is made?

Asked on 6/02/05, 9:30 am

Phroska L. McAlister PHROSKA LEAKE McALISTER

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Re: Lenght of a Custody Battle if no show

Father may not impede the mother's right to visitation and contact with the child during the pendency of the proceeding.

Father should not remove child from the Court's jurisdiction w/o permission and/or Notice to the Court.

The case can continue until disposition or resolution of all the outstanding issues.

Good luck,

Phroska L. McAlister,ESQ

Answered on 6/02/05, 3:00 pm

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