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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 |
Attorney answers 4


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

Good luck.


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.

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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.


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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