jojo45
recently joined
Reged: 02/08/10
Posts: 5
|
|
Dear All,
I desperately want to bring my daughter back to NY. My ex-wife moved my daughter to Florida without my consent. Recently my daughter was hysterically crying about coming back to NY. She said she hates Florida and her mom threw her paintings she made on the floor and told her "go back to NY and stop making her miserable”.
The last two emails I got from my current lawyer:
1. “I cannot do anything until the court signas and faxes the order to show cause to my office. I should also let you know that your wife's lawyer has filed (a similarly as of yet unsigned) order to show cause for the child support and legal fees owed. I shall be opposing said motion.
2. I have now just received your wife's motion, which essentially seeks permission to relocate to florida and additional attorney fees. I need you to come into the office as soon as possible, take a copy of the motion with you, review it thoroughly and provide a point by point response(via e-mail) to the arguments of the attorney and your wife, by this weekend. I will therafter prepare a set of opposition papers for you to sign next week.
There is no doubt in my mind that there will now be a 'double' trial- for relocation(her request) and custody(your request).
Having just recently tried such a relocation case, please be advised this will be very expensive, if we have to prepare and/or proceed to trial.
I am also thinking that maybe I should be just fighting for RELOCATION to NYC and not custody, or just going down to FL and bringing her back to NY so at least she is safe and happy? My daughter was going to Talented & Gifted School in NY. She is great (my ex took her out without my consent as well),
Please advice
|
Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
|
|
How old is the child?
How can your ex leave the state and then ask for a permission from the court? It would seem she is in contempt, should be fined and she should be paying YOUR attorney's fees.
How/why on earth is she asking for lawyer fees?
--------------------
13.1...because I am only half crazy!
|
preemiemom
Carpal \'Tunnel
Reged: 01/17/07
Posts: 19391
|
|
It depends Miranda.
First of all, if there is no move question is moot in their divorce agreement, and she has custody, there are no "laws" on the books in NY regarding move-away. There is a "presumed" limitation that most lawyers stick into the agreement, which is 25 miles (more restrictive than most states).
As long as she brings the child back for visitation, per their custody agreement? She isn't in contempt...
Second, on the legal fees, they're divorced. It sounds like HE is in contempt for failing to pay legal fees owed to HER as part of their divorce? Or at least that's how I read it but I could be wrong. I don't think they are part of the move.
Third, the divorce would have been handled in Supreme Court. Where, it wouldn't be unusual to ask for attorney's fees as part of the divorce. The MOVE issue, will be handled in FAMILY court and HUGE HUGE HUGE no-no to ask for legal fees. I know, I suggested it and my lawyer damn near fed me my brain for lunch  EVERYONE here who knew what was going on was like "you should go after him for fees!!!!!" which, you'd think I COULD, since I'm paying thousands and thousands of dollars to exercise a right ALREADY GRANTED by him AND by the court. But, alas, no. SOL. So I'll end up paying $8,000 to use the right I already have Welcome to New York
|
Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
|
|
If nothing has been filed, there is nothing, generally, that prevents a parent from relocating. THe remedy is to file a divorce, legal separation or custody action and seek an order,by ex parte relief in some cases, for the child's return.
|
preemiemom
Carpal \'Tunnel
Reged: 01/17/07
Posts: 19391
|
|
Quote:
If nothing has been filed, there is nothing, generally, that prevents a parent from relocating. THe remedy is to file a divorce, legal separation or custody action and seek an order,by ex parte relief in some cases, for the child's return.
---------->> Yes, BUT... he states she is his EX wife, which would indicate that something HAS been filed, namely a divorce. He also mentions elsewhere that she did not FILE for a relocation, which, POST-divorce WOULD be the appropriate action.
NOW, per NY, there ISN'T a law regarding relocation AND unless you actually HAVE a restriction IN your divorce papers? You're FREE to go wherever you like, AS LONG AS, you maintain the existing visitation. Sooo, there MAY not be ANYTHING "illegal" about what his ex wife has done, per NYS, as long as, she maintains their existing visitation schedule.
Now, if he has mis-stated what his marital status is? THAT changes things; however, if they are indeed divorced and/or separated under a Stipulation of Settlement, and there is not a SPECIFIC move away restriction (which the standard here is 25 miles, although some lawyers use 50), what I said holds true.
If she is failing to meet their visitation schedule, he can file contempt charges against her, and have her served in FL, she will have to return to NY to respond.
But again, all of this is purely conjecture since the OP hasn't provided enough information on which to go on.
|
zoolife31
member
Reged: 06/10/09
Posts: 128
|
|
How long ago did she move to FL? If it is less than 6 months it's my understanding that NY is still the child's "home state". If that is the case, and NY is still her home state the mom is required to move her back.
|
|
Previous
Index
Next
Threaded
Edit
Reply
Quote
