Legal Question in Family Law in New York

Re: visitation rights-Indiana residence-children in New York

New York will enforce whatever the original

Indiana Decree states. This presumes

that the agreement does not provided for

standard alternate weekend visitation but

recognizes that there is an 800 mile

distance between the two. The real question

is what was done relative to the Indiana

divorce when the mother relocated to New york.

This could be something as simple as informing

the mother as to when you will be in New York

to pick up the children. If this results

in her refusing to allow the children to

return, you would then petition a court,

either in Indiana if nothing was formally

done when relocating, or in New York, if

it was, to have the mother held in

contempt for failing to obey the Order

The matter then progresses depending upon

reasons and explanations.

Re: visitation rights-Indiana residence-children in New York

The visitation would be governed by the state's laws in which you got the divorce. You didn't actually say, but I'm going to assume it was Indiana.

As of March 31, 2001, the Indiana Parenting Time Guidelines detail how the visitations are supposed to go.

She is REQUIRED to give you visitation, just as you are required to pay support. Otherwise, you can ask that the court hold a contempt hearing on the visitation issue. If she is found in contempt (by not allowing your visitation), she could be jailed, fined and/or ordered to do community service.

Usually just the threat of any of those is enough to make the custodial parent tow the line.

Unfortunately, if she is not being cooperative, you will have to go to court to enforce your vistation. It's a hassle, but if she is found not to be in compliance, then she can be ordered to pay your attorney fees and such.

The court that handled the original divorce would handle the contempt issues.

Do you need a copy of the Indiana Parenting Time Guidelines? If so, I would be happy to mail a copy to you.

Hope this helps. Let me know if you have other questions.