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Can I file for visitation rights if the child is living in another state and of an age where they can refuse visits?

New York, NY |

the child is 13 yrs old

Attorney Answers 4


Yes if you file in the state where the child resides. The child can refuse visits.

Good luck.

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Yes, of course! You will need to file in the child's "home state" which will be either the state where the child has lived for the past 6 months, OR, the state where the last custody/visitation order was issued.

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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You can always file for visitation rights. You must file in the state where the child resides. I would contact an attorney in that state to discuss how to file for visitation.

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If there are no prior orders of custody or visitation in New York, then you'll likely need to file a petition for visitation in the state where the child resides. You're best advised to keep a paper-trail of your efforts to contact and/or see the child.

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