Family Law Questions? Ask a Family Lawyer Online.
Hello, how are you today?
Is there a custody action on going?
I'm fine thank you.
my divorce was finalize three years ago
i currently live in ny (3 yrs) the ex is in florida
Are you seeking a change in custody?
i want to change it to NY, I currently have full custody. I don't want to travel to florida for court. want to change Jurisdiction
Change jurisdiction of what exactly?
Sorry I am trying to gather exactly what you are asking.
child support anything that has to do with the children
he wants to take them out of the country which i do not my daughter has autism
i want the courts in ny to hear anything that may occur with my children
Ok, thank you. In order to transfer a case there will have to be something that you are filing. You would simply at this point, considering how long you have lived in NY, just file the action there, and ask the court in your action to adopt jurisdiction of that action. Does the ex-husband have any contacts with NY?
no. he see the kids maybe once a year...calls every 2-3 weeks can i file something for him to not take the kids out of the country
Has he just told you that he is taking them out of the country?
so i would have to file a petition for child support to be in NY i have lived here 3 years
Yes, you would at this point.
yes, last year and i told him no he has for the pass two days told the children that during the summer he was taking them to dominican republic he has not asked me but has told the children my children do not have passports and i am afraid that he has fraudlant obtained them
I understand, well it would be a federal offense to fraudulently obtain passports, and as you seem to know, the children can not acquire a passport without both parents signatures.
So the answer to your question, is you can ask the court to adopt the case from Florida, if and when you file.
ok thank you
And he better not attempt to fraudulently obtain passports, because that is a federal offense, and the feds do not play around.
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yes, i believe so. i will try to go to the local court and see what i can do. thank you.