Monday, December 17, 2012

What do I do if I am ask by a judge to visit with my child in virginia and I don't have the financial means to do so?

Q: On June 2010 my sons father was awarded custody of my child in the bronx, new york courts, he resided in New Jersey at the time but on November '12 he passed away in Virginia and the grandmother refused to give me my child, so I went to court and filed for a writ and I now have an upcoming court date, but I am afraid that she will be granted a temporary custody extention based on the fact that she was already granted temporary custody in the Virginia courts from November '12 until January '13. If the judge was to grant me the right to at least visit with my child there would be a problem and the problem is that I am not financially stable to travel to Virginia. What can I do if that situation was to arise? I don't want the judge to think I don't care about my child just because I can't travel.

David’s answer: Most likely the Court will not order the granmother to travel back to NY with the child, but you can certainly ask. In this situation, I would at least suggest for you to consider cheap options to go down to Virginia (such as low-cost buses). Otherwise, the Judge will wonder whether you have the financial means to support the child, even if the Judge were inclined to give you custody.  -- David Bliven

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