Q: My sister son's father won custody of their son, the problem is that he got killed a few days ago. While he was alive he made it impossible for my sister to see her son, he lived in NJ & she lives in NY. The court of NY granted her visitation rights, but he failed to show up at meeting locations. Now he is dead and his family has her son..what should she do to get her son with her. In addition she doesn't have the family's address, what should she do to obtain that information?
A: David's Answer: As a practical matter & with due respect to the tragic situation, perhaps as a first measure she should simply reach out, express her condolences & then ask if her son can be returned. If that doesn't work (or they turn hostile), then she should absolutely file a custody petition. She may do informal computer searches to obtain the addres, or alternatively hire a private investigator. -- David Bliven
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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