The child was concieved in NY she left without telling me she was pregnant 6 months after. I went to NE and got visitation rights. she always lived with her mother in NE. This year she filed charges against me of abuse when my daugher was visiting. The Child protective services dismissed charges but my visitation right were susupented till investigation is complete which i was ordered by the judge and i am ordered to pay.
Can i sue her for false aligations? distress? she is emotionally disressing my daugher. She is only 10 years old a child should not be put thought this....
If the only place the child has lived outside the womb is in NE and that is where the court case is and where the mother made her false allegations you need to talk to a NE attorney; possibly both a CPS defense attorney and a personal injury attorney.
So i would not be able to try the case in ny?
Ask a NY child custody attorney if there is any basis for NY jurisdiction "If the only place ..." but I doubt it.
after 10 yrs she asked me to sign off on my child who i have built a relationship with ... she married very wealthy and has the money to go above and beyond to take my daugher away... how can i stop her from future false alligations ??
You really can't. Since child custody decisions are always subject to modification based on changed circumstances and best interests, unless you convince a judge that she has filed false allegations and abused the system so many times before that she should be required to seek judicial approval before being able to force you to respond to a new allegation. You really need to discuss this with an attorney in the state that has jurisdiction over the child.
understood. thank you for your help.