Legal Question in Family Law in New York

Re: Can I Get Visitation Rights in GA from NY

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Re: Can I Get Visitation Rights in GA from NY

I can't tell you exactly what has happened to allow your older sister to get custody of your niece/nephew without seeing the court papers. Family court records are private, and only the "attorney of record" or the parties can access them.

Depending on what the court papers say, your sister probably can sue for custody and/or visitation if she has been clean for 2 years. She would have to bring the suit in New York, since that is where the child is living. She may have to come up for a hearing, but most could be handled over the phone/via mail/fax/email.

Unfortunately, this could be a very costly court battle. Most family law attorneys will charge an hourly fee in this type of situation, and I can't even estimate how many hours this type of case would take. I am assuming, however, that your older sister will strenuously defend any application made by your younger sister.

If your younger sister would like to discuss her options with me, she can email or call me at 845-362-0387.

Re: Can I Get Visitation Rights in GA from NY

Anything is possible in the Court system

If you look hard enough, you will probably

find some effort at contact from the Court

prior to the custody change. It just never

hit

In all likelihood, NY is the only jurisdiction

which would hear the case due to the fact

that that is where the children now reside

and have always resided

The courts routinely allow visitation when

there is clear proof of rehabilitation

This visitation may eventually go out of

state

Initial visitation may be supervised and

sparse in a NY setting until there is a

report that there is no danger to the childre

Best bet is to hire NYC counsel, and get

the ball rolling