Friday, July 4, 2014

Motion for Comtempt

Q: My daughters father and I have never been married we have one child he lives in TX and I live in NY. I just found out today at the dentist office that her insurance was cancelled back in Dec 2013. Its on our original order which is from San Diego, CA but I'm in the process of moving the case here to NY. Her father never informed me. I emailed and asked for the information to be sent to me, but he is refusing and being very harsh with words. Can I file this motion, and if so how do I do it with out an attorney. I live on pay check to paycheck and its very difficult for me to hire an attorney.

A: Merely because you move to NY doesn't mean a NY court will have jurisdiction over him. You would first need to register the order for modification/enforcement purposes in NY. Only if it's accepted for registration may you then file an enforcement action against him here. Otherwise you'd need to file an enforcement action against him in TX.  -- David Bliven, Westchester Family Law attorney (

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