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Can a mother deny visitation if a father lives in another state and there is no custody papers

New York, NY |

i have a 16 yo going to be 17 in august my child lives in new york and i have been living in florida for almost 4 years i have had my son every summer but the mother and i had a big argument and now she say i can't contact him nor she will send him down for the summer i payfor the air fare when he comes down i am never late on child support and there is no custody papers so we should equal custody what are my rights? what if my son wanted to come down if i went to get him would it be considerd as kidnapping?

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Attorney answers 2


Look at my AVVO Legal Guide on interstate custody cases. You need to get a custody order in NY, and register it in FL. For more details you schedule a brief paid consultation with an attorney who is familiar with the UCCJEA.

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if you have previously acknowledged paternity and you have an order of filiation you can file in the appropriate county in New York where your son lives with his mother a custody/visitation proceeding or alternatively if a Court order exists you may want to pursue a Writ of Habeus Corpus proceeding.