Legal Question in Family Law in New York
Is it possible that I will have to move back?
I have been seperated 3 yrs and have several orders of protection against the X and I have since obtained Sole Custody w/visitation at my discrestion and order of protection good until Dec 2002. I moved w/o asking the court for permission. The X has filed a motion to have me either move back or have sole custody of the kids. Would I have to be made to go back? Am I wrong here? I have a job, a home, kids in school and the X has no job, not paying support, lives in the basement of parents house and is an abusive alcoholic. Is it possible that I would be in trouble here when I ledt for the sfety of the kids? Now NY won't adjourn the hearing for July 1 and I cant make it. I am afraid that i will be arrested for not showing up. I am so confused and feel like I am going to lose this.
3 Answers from Attorneys
Re: Is it possible that I will have to move back?
Suggest that you file a cross-petition for permission to relocate.
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Re: Is it possible that I will have to move back?
You need to make it to that hearing. You can request an adjournment, but if it is not granted, you need to make arrangements to be there. I know this is not what you want to hear, but it is the fact. Some judges will let you appear by an attorney. Most of the judges I deal with will not. Do whatever you have to do to get there.
Re: Is it possible that I will have to move back?
Suggest you speak with a NV attorney or go to family court in NV. Speak to a social worker. They may be able to contact the NY court for you.This must be done prior to the court date.
Good luck.
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