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Ellen
Ellen, Lawyer
Category: Family Law
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Experience:  25 years of experience helping people like you.
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My daughters father has denied me visitation for 7 years, hiding

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My daughters father has denied me visitation for 7 years, hiding her or other things when I fly out to get her. I'm in WY and she is in NY. We have joint custody and I have set summer vacations. He still wont let me get her this year. Do I have a legal right to just go get her?
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Welcome,

My name is XXXXX XXXXX I will do whatever I can to answer your questions!

Was the court order entered in New York?
Customer: replied 3 years ago.

yes, back in 2005-06

Thank you Jennifer. I am a New York licensed attorney. I am locating the forms you will require
Customer: replied 3 years ago.

Thank you!

You may consider taking 2 actions simultaneously The actions will need to be filed in New York since that is the court that originally entered the order

You may consider asking the court to hold your ex in contempt of court to punish him for wrongfully withholding visitation and request a writ of habeas corpus ordering him to deliver the children.

Generally speaking, when someone violates the court orders they are considered to be in contempt of court. To enforce your rights you will need to file a motion for contempt. In that motion you indicate what the orders are and how he has violated them.

Typically you would also file a Petition for Writ of Habeas Corpus. This is asking the court to have your ex deliver the children or the court will have a police officer pick them up for you

Here are the forms:

GF-22Petition for Writ of Habeas CorpusPDFWORDWPD
GF-23Writ of Habeas CorpusPDFWORDWPD

 

Petition For Enforcement Of Order Of Custody VisitationPDFWORDWPD
DIY Form
(Do-It-Yourself)
GF-41aOrder On Petition For Enforcement Of Order Of Custody visitationPDFWORDWPD


Of course, because of the nuanced details of the matter and the fact that you do not reside in New York, I suggest that you retain a local attorney.
Here is a link to a free site that may assist you in locating competent legal counsel: www.Martindale.com

If you have any difficulty downloading the forms, they may also be found at this link:
http://www.nycourts.gov/forms/familycourt/custodyvisitation.shtml

I would be glad to respond to any related follow-up questions that you may have.

Ellen and 5 other Family Law Specialists are ready to help you
You may consider taking 2 actions simultaneously The actions will need to be filed in New York since that is the court that originally entered the order

You may consider asking the court to hold your ex in contempt of court to punish him for wrongfully withholding visitation and request a writ of habeas corpus ordering him to deliver the children.

Generally speaking, when someone violates the court orders they are considered to be in contempt of court. To enforce your rights you will need to file a motion for contempt. In that motion you indicate what the orders are and how he has violated them.

Typically you would also file a Petition for Writ of Habeas Corpus. This is asking the court to have your ex deliver the children or the court will have a police officer pick them up for you

Here are the forms:

GF-22 Petition for Writ of Habeas Corpus

GF-23 Writ of Habeas Corpus

Petition For Enforcement Of Order Of Custody Visitation

GF-41a Order On Petition For Enforcement Of Order Of Custody visitation


Of course, because of the nuanced details of the matter and the fact that you do not reside in New York, I suggest that you retain a local attorney.
Here is a link to a free site that may assist you in locating competent legal counsel: www.Martindale.com

If you have any difficulty downloading the forms, they may also be found at this link:
http://www.nycourts.gov/forms/familycourt/custodyvisitation.shtml

I would be glad to respond to any related follow-up questions that you may have.
Customer: replied 3 years ago.

Thank you for all your help. You have been wonderful! This was just the information which I needed. I knew nothing about this, may God Bless you!


Jennifer


Thank you very much for the "excellent service" rating and the bonus!

If I can be of assistance in the future, begin your question with: "For FiveStarLaw"

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