My childs mother relocated to Florida from Delaware against a court order. And NY state vacated her child support. what can I do

Asked 10 months ago - Bronx, NY

I have joint custody and i live in NY. I have had regular visits with my son and have been supporting him all his life. My sons mother relocated from Delaware to Florida against the courts order that she couldnt unless I or the court gave her permission which she did not get. 4 months later she relocated , pulled my son out school all without warning or permission. i have visited my son in Florida. Days after I found out she was gone I filed an order show cause and a ex parte petition. While at the court i also learned that she nor her lawyer did not file a petition to allow her to leave. In new york the child support magistrate vacated her child support order she termed it failure to prosecute. But the real reason was that the magistrate did not like what was being done to my son. age12

Attorney answers (3)

  1. Peter Christopher Lomtevas

    Contributor Level 20

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    Answered . This is a multi-jurisdictional mess. I am not certain which state has continuing jurisdiction. Was it a Delaware order of custody and the mother bolted to Florida?

    The concept here is that a custodial parent can relocate to another planet as long as she maintains the visitation protocol specified in the last visitation order. If her relocation from Delaware to Florida broke off contact, then you have to petition in Delaware as that state has continuing jurisdiction over its orders regarding children. If you snooze six months, you lose Delaware and then you'll have to petition in Florida but by then it will be too late.

    I am not sure as to why there was a child support filed in New York except to the extent of having support paid out to the child's 21st birthday. Neither Delaware nor Florida have such a liberal age out. It therefore seems the mother traded away the higher age out for the distance from you in Florida. She filed for support in New York because you were in New York, but her actual plan was to go elsewhere depriving you of your child. Here non appearance in child support court led to a simple dismissal.

    She may have been advised well to pull of her stunt, but you came here to get a heads up. She's in violation of your order of visitation. If that order is from Delaware, you need to file a violation petition in the court that issued the order. Do this immediately. Resume contact. The Delaware court may even reverse custody to you for what the mother did.

    Good luck.

  2. David Ivan Bliven

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    Answered . You would need to file an order to show cause & violation petition on the custody case. I'm also assuming that the custody order was originally issued by a New York court. If so, they would have continuing jurisdiction to enforce the order. You should also schedule a consultation with a Bronx Child Custody lawyer for a full assessment.

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  3. Marco Caviglia

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    Answered . Consider filing a petition for sole custody based upon the violation and contempt. If you get temporary custody while litigation is pending, the child lives with you during the litigation here in NY. In the most recent case I had similar to yours, the child was i my client's custody for 6 months, and the mother had to relocate back to NY in order to get her status back eventually.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more

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