Legal Question in Family Law in New York

being given possession of a daughter,but only has supervised visitation rights

a friend of mine is in a situation where her now ex-husband is giving her her daughter,to move back home to new york,only problem is she only has supervised visitation rights,she overdosed a few years back after slipping into deep depression and had her custody taken away,her ex husband moved down to florida with their daughter,she was then manipulated by him into moving down as well to ''start over'' which basically turned out to be a ploy he did thinking ''since i cant have you noone can'',after so much fighting he has finally said,you can take our daughter back home to new york,only problem is,she doesnt have custody,is it safe for her to do this,or should she have someone else step in to take custody


Asked on 12/28/05, 8:42 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: being given possession of a daughter,but only has supervised visitation rights

If there is a Court Order that deprived a parent of custody, "for cause." Then that parent MUST GO BACK TO COURT, to Petition for a change or modificationn in the custody order.

Taking custody per a stip or other agreement out of Court, IN VIOLATION OF AN EXISTING CUSTODY ORDER, is likely to subject a parent to criminal action.

Good luck,

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Answered on 12/31/05, 9:46 am


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