QUESTION
if a divorce is in filed in florida and the mother moves to new york state with consent of the father, can she threaten him for no visitation?
Asked on Oct 08th, 2014 on Child Custody - New York
More details to this question:
if a divorce is in filed in florida and the mother moves to new york state with consent of the father. She has not been served the divorce papers as of yet. When asked in florida to sign papers of visitation days she refused. Now she is living in new york a resident of a year or more just recently bough a house in new york state, and is now threatening the father unless he keeps his son away from people in his life he will not be able to visit his son. Can she do that, even if the divorce is filed in florida, but now a resident of new York state?
1 ANSWER
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If she didn't sign in Florida, and you have an open case there, then you should talk to your lawyer in Florida about enforcing your visitation rights.
If, for some reason, there is no open case in Florida, you seem to be now under the jurisdiction of New York in terms of visitation because the child has been here for a year. You can talk to your Florida lawyer about starting a case there, but you definitely could start a case here in New York.
Situations like this can get very complicated because of the varying state laws, so I suggest you speak with several attorneys in Florida and New York. Good luck!
Answered on Oct 14th, 2014 at 7:38 AM