QUESTION
Can I get my daughter if I have custody of her but she has been staying with her father since Decemeber 2013?
Asked on Mar 20th, 2014 on Child Custody - New York
More details to this question:
My daughter father has tried to take me to court for custody and it was dismissed. I have custody of her but she has been staying with him since December 2013. I had moved from New York City to Buffalo, NY that's why I let her go with her father and he is the one who has a visitation order in affect. She wants to come live with me and he isn't letting her. I need help figuring out what can I do to get her back. He lives in Cresco, PA and I live in Buffalo, NY. Please let me know any information. Thank You
1 ANSWER
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You most likely need to file a motion in the NY court demanding return of the child (I'd suggest a petition to enforce the terms of the custody/visitation order, and a writ of habeas to produce the child, and maybe even ask for a warrant for his arrest). The longer you allow her to stay there, the more likely he can win at changing custody. Get a lawyer in your area, or see if you qualify for free legal help at the family court near you. Don't delay. Good luck.
Answered on Mar 21st, 2014 at 9:34 AM