I am the father I have court ordered visitation of my daughter in New York and her mother just picked up and moved her to New Jersey..I am also on court ordered child support that I do pay..I've already went to file paperwork on her for leaving..I really need help.
If she was in NY for 6 months prior to the move, a NY Court has jurisdiction to determine whether her move was proper. Do you have a custody agreement? Did it address relocation? If not, and sometimes even if it would have allowed relocation, a court will address whether it is in your child's best interest to move. The significant issues will be the reason for the move and the impact on your relationship and parenting time. You should schedule a consultation with a local attorney immediately to discuss your rights and whether you can force a move back pending a decision.
Run to family court and file a Writ of Habeas Corpus. Have that served upon the mother. This will result in a proceeding where you could end up the custodial parent.
If you do this alone, you will not prevail. Retain counsel now.
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You need to file a writ of habeas corpus, in addition to other petitions. I strongly urge you to consult with an attorney.
There are a number of things you can possibly do such as file a custody modification petition, file a custody violation petition, file a writ of habeas corpus, etc. But just because you can does not mean you should. Is your child better off living in NJ?
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