Legal Question in Family Law in New York

visitation and support

I haven�t heard from my son�s dad since 1/13/08. We had a court date for support on 2/13 and he didn�t even come over to see his son. The judge ordered him to pay support. He was upset and decided, along with his mother, to file for visitation. They lied saying that I keep Jalen from them and won�t let them speak to him. I have phone records proving otherwise. During the time he didn�t contact us, I decided I needed to do what was best for my son and seek work and residence in a place better suited for him. We are currently relocating to NC. We are already there and have been coming back to tie up loose ends in NYC and for court next week about visitation. Is my moving a bad thing? I tried to call and tell him but he wouldn�t answer my calls. I have job opportunities and adequate daycare in NC and couldn�t find that in NYC on my budget. I plan on being in NC permanently on 4/14/08. I don�t have a problem with his father seeing him, but he chooses to stay away. He even told the judge at the support hearing that he stopped contacting us because he was upset that I filed. Do I have the right to move? If I am working on the court date, can I have someone represent me? If so, what paperwork do I need to fill out? Can I have witnesses?


Asked on 4/03/08, 11:30 am

1 Answer from Attorneys
Tracey Bloodsaw Law Office of Tracey A. Bloodsaw

Re: visitation and support

You have several questions and issues. Since he filed a petition for visitation, you may be prevented from relocating at this time. You may need to make an application to the court for permission to move while his is pending or file one anyway. Also, you will need to appear on each court date unless the court tells you otherwise. If the matter proceeds to fact finding (trial) then you may have the opportunity to present your case.

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Answered on 4/03/08, 11:50 am


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