Tuesday, July 15, 2014

What happens when you don't show for family court due to short notice/timing?

Q:  I received a summons on 7/2 to appear in court on 7/8. My ex is wanting visitation of our son who he has not had contact with in 13 years. Problem is, he filed in the state of SC and our family relocated to NY 6 months ago. For obvious reasons I couldn't show up to court on such short notice 900 miles away. I sent an overnight letter to the clerk of court explaining due to scheduled travel with family for the 4th of July, work, distance and child care needs I could not attend court. I also sent my response to his request for visitation separately. A copy of both responses were sent to him as well- certified.

A:  David's Answer:  If your case is pending in S.C., then you'd need to re-post your question in the S.C. Family Law forum. That said, you may wish to consult with a NY Family Law attorney in your area on the question of jurisdiction, as NY may arguably be the "home state" for jurisdiction purposes.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

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