Legal Question in Family Law in New York

Re: Visitation Petition: What court should initiate?

If the matter was heard by a court in the past, go back to that court. Otherwise, you may file in either Manhattan or any other NYC Family Court; but Manhattan may be the preferred court.

Re: Visitation Petition: What court should initiate?

The county where the child lives, is the county in which an "original" or "enforcement" Visitation Petition may be filed.

It is also considered as the "perferred venue," since the child and information about the child is generally easily accessed by child oversite agents.

The county in which an Original custody, divorce visitation, Stipulation, Agreement, Judgment or Order was entered, is also the county in which a Visitation Petition may be filed.

Both parties can consent to jurisdiction and venue, in whatever county, accepts the matter.

Good luck,

Phroska L. McAlister,ESQ