Q: My kids and I moved to NY almost 18 months ago. My ex just filed custody and visitation orders in court in CA although the kids and I haven't lived there for almost a year and a half. We have no orders now but I had won a moveaway case in LA almost 2 years ago. How do I proceed to move the case to NY?
A: David's Answer: When you say you won a "move away case," does this mean there was a prior custody/visitation proceeding in LA? If so, does the order say anything about which state would have jurisdiction over modification cases? That said, you will assuredly need the services of a CA lawyer to challenge that court's jurisdiction. You will also need to (at the least) consult a Dutchess/Westchester Co. Child Custody attorney on the issue of either registering the CA order in NY and/or filing for custody in NY. -- David Bliven, Westchester Child Custody attorney (www.blivenlaw.net)
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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