Legal Question in Family Law in New York

Right to petition

Has there ever been a Constitutional question to the requirements posed by New Yorks Family Court to file a petition for custody/visitation. The court has refused to accept a petition without the address of the custodial parent who has hidden the child from the non-custodial parent. I am the non-custodial parent and I believe my child's rights and my rights have been violated as it has delayed my meeting and getting to know my child. The mother has moved out of state, and this has complicated matters even worse. I really want to know about the Constitutionality of this as to the ''Right to Petition'' and as to equal rights. I truly believe after reading the laws that I would have been jailed if I had done the same.


Asked on 10/03/06, 12:01 am

2 Answers from Attorneys
Seth Kaufman Kaufman PLLC

Re: Right to petition

You need to provide more information about how it is that you believe you are being denied your right to spend time with your child or to petition the court in connection with any such right. The custodial parent's address is requested because it is a major factor in determining whether the court has jurisdiction. Feel free to call our office to discuss your case in further detail.

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Answered on 10/03/06, 8:58 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Right to petition

If you do not proide the address, the custodial parent can not receive "notice" nor have an opportunity to be heard which is THEIR constitutional right.

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Answered on 10/03/06, 12:32 am


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