Can a judge deny a motion for a request for a virtual appearance instead of in person as the Writ of habeas corpus says?
My child's father filed a writ of habeas corpus in Kings County Family Court for me to appear in person tomorrow. However,he was just granted paternity in April 2025 and I've been a resident of Florida for the past two years. There is no current visitation or custody order in place. I filed a motion to appear virtually or have the order vacated bc the child is not a NY state resident either. I called the courts multiple times and was told different things by the clerks. Today I called for a link to appear virtually and another clerk told me the motion was denied to appear virtually. There's no way I can pay or appear on short notice tomorrow. Not sure what else to do,since visitation is supposed to be in the child's home state.
Certainly a judge can deny a motion for a virtual appearance. Any court has the authority to conduct its business any way it wants. This can include having litigants appear in person. A writ of habeas corpus is very likely the type of case where a physical appearance is mandatory according to both the statue and to the rules of court.
However, if this is a scam being pulled by the father, and family court has available many scams that parents can pull, the asker must retain counsel now for that appearance. That counsel must know from the asker all the details of the child's situation particularly the amount of time in months that the child has been outside of New York State. The number of months will determine whether the court has jurisdiction to hear the petition.
A writ of habeas corpus is mighty serious and the asker must jump and retain counsel now.
Please do not message me here on Avvo. The original question does not accompany your message so I have no idea what you are talking about. Also take note this response is entirely educational in nature as no attorney-client relationship is formed during this online discourse.
