Legal Question in Family Law in New York

Three years of no shows

I have a NY joint custody agreement with my ex however for three years now he has not complied with the custody agreement. We agreed to in court. He is supposed to call twice a week and have alternate weekends. For three years he has not visited or spoken to our now seven year old son. Not even a birthday card. Would I be able to get sole custody due to his obvious disinterest in our child?

We also have a complication, NJ refuses to recognize us as residents despite living here for over five years. The NJ divorce judge stated he couldnt make any ruling on the custody yet he puts in our divorce papers that NY would continue to have jurastiction. What are my rights regarding this situation? I do not have much money however I need to fix this.


Asked on 6/11/07, 9:31 am

2 Answers from Attorneys
Robert Davies The Davies Law Firm, P.A.

Re: Three years of no shows

I understand, and it seems the NJ judge is not paying attention.

I think it would be wise for you to consult with an attorney and get some guidance. You are not able to do this on your own, it seems.

And really, it is horrible that he would ignore his child. I am sorry for your situation, but clearly there is nothing a lawyer can do about that.

I do this kind of work. If you would like me to assist, please call my office. I am in Hackensack. A half hour consultation will be $75.00. You can then decide how you would like to proceed.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 6/11/07, 11:05 am
Gary Moore Gary Moore Attorney At Law

Re: Three years of no shows

Since you reside in New Jersey with your child and your divorce was in New Jersey you should be able to file a motion under your judgment of divorce to address the custody issue.

I need to see a copy of you final judgment of divorce.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 6/11/07, 12:42 pm


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