How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask FiveStarLaw Your Own Question

FiveStarLaw
FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36646
Experience:  25 years of experience helping people like you.
9968427
Type Your Family Law Question Here...
FiveStarLaw is online now
A new question is answered every 9 seconds

My daughters father has denied me visitation for 7 years, hiding

Customer Question

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?
Submitted: 1 year ago.
Category: Family Law
Expert:  FiveStarLaw replied 1 year ago.
*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 1 year ago.

yes, back in 2005-06

Expert:  FiveStarLaw replied 1 year ago.
Thank you Jennifer. I am a New York licensed attorney. I am locating the forms you will require
Customer: replied 1 year ago.

Thank you!

Expert:  FiveStarLaw replied 1 year ago.

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:

Family Court Forms in PDF and/or WordPerfect (WPD) Format">
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.

FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36646
Experience: 25 years of experience helping people like you.
FiveStarLaw and other Family Law Specialists are ready to help you
Expert:  FiveStarLaw replied 1 year ago.
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 1 year 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

Expert:  FiveStarLaw replied 1 year ago.

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"

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 

Related Family Law Questions

Chat Now With A Family Lawyer
FiveStarLaw
FiveStarLaw
Attorney
6616 Satisfied Customers
25 years of experience helping people like you.