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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11364
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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This is my current situation: My ex husband and I began our

Customer Question

Hello, this is my current situation: My ex husband and I began our divorce/ custody proceedings in Colorado. My ex-husband filed a motion to relocate with our children to New York. I opposed this motion and a hearing was set. In the meantime, the parties (we) agreed to temporary relocation, pending the hearing in Colorado due to my ex husband having orders to New York from the Army. The hearing date came in Colorado at which time one of the attorney's asked for an emergency continuance based on their own health issue. It was granted without setting a date for continuance. Eventually a delay prevention order was entered by the Judge which neither party received and the case was dismissed because neither party responded to set a hearing date. This made the temporary order for relocation void. During this time in NY, my ex husband and I both filed opposing petitions in the New York Courts for modification of custody. Since learning that the Colorado temp Order is void, it means that my ex-husband does not have permission to permanently relocate the children to NY. I want to proceed by filing a motion to withdraw my petition, and ask the court to dismiss his petition for lack of grounds based on the fact that he has no intention of returning to Colorado, as was what he stated in his petition for a change of custody. My question is: What form do I file to withdraw my petition and ask that his be dismissed? Where can they be found? or How do I draft the Motions and cite the appropriate statutes? I would also like to ask the court to assist me in getting the children back from him (he is witholding them) and to enforce the Current CO Custody order. I would then like to file a petition in Colorado asking for assistance in returning the children to CO. Could you please tell me the name of the motions that I need to file, Where to find them and what statute or case law I could cite for each Motion. My biggest concern is getting his petition dismissed.Our hearing is next week, in NY, on our modification petitions, and I am not prepared for hearing yet. I need to have his petition dismissed as he is asking to relocate to CO with the children on orders from the Army and recently those orders were cancelled. He has not amended his petition so there should be sufficient grounds to ask for a dismissal because he has stated on record that he is not moving to CO any longer. Can you please help me what I need to draft and cite in order to make this happen? Thank you very much.
Submitted: 1 month ago.
Category: Family Law
Expert:  Law Tutor, Esq. replied 1 month ago.

Hello. I am an attorney with over 20 years of experience and I look forward to assisting you today. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Have the children been in New York for at least 6 months?

Customer: replied 1 month ago.
However, the agreement made in Colorado was for temporary relocation.
Customer: replied 1 month ago.
This case has been unbelievably confusing from the beginning. The court referee has entered facts not in evidence in this case, she has made determinations citing testimony that was not given as her basis for the temporary custody order. She has issued orders which the other party has not followed and she has not enforced those orders. I released my court appointed attorney because she was extremely incompetent and had ex-parte communication with the court referee after I released her and gave the court referee prejudicial information about me. She violated attorney/client privileged. She told me to file my own petitions because she did not have the time. I was never able to meet with her, despite my request to do so. She was stating that she was ill and I was unable to even meet with her to discuss the case. I have asserted to the court that I would like to retain private counsel however the court referee has declined to continue the hearing and no attorney can take this case to hearing in such a short amount of time. I need to find grounds for recusal or for a continuance. Is there any case law or statute that I can cite as grounds for either one of these matters? This is only in the event that I cannot withdrawal my petition or have my ex husbands petition dismissed.
Customer: replied 1 month ago.
Wouldn't this be considered a violation of my right to due process?
Expert:  NYFamilyLawyer replied 1 month ago.

Do you still need help here or are you all set? I'm acknowledging here that you asked for another attorney. I'm also letting the attorney who answered previously know that I would not jump in unless I saw there was a notice indicating a request for new attorney.

Expert:  NYFamilyLawyer replied 1 month ago.

I'll be able to help you with this but I don't know whether you need the help now or later on today. It's 3 am EST so I'm going to sign off right away. I have cases and statutes and know what you need to do to make a motion, but there is a specific way of making the motion. The way you're planning on making it is not going to work because the court could dismiss yours and allow his to proceed. So it has to be done properly. I can't explain it here -- too complicated. I can explain it over the phone. Later this morning I could be available to discuss this if you'd like. I have the statute as well. If you want to specify a time, I can make sure to be here then. Thanks.

Expert:  Steven K. replied 1 month ago.

First, we have to figure out which state has jurisdiction. Is there an existing child custody order out of Colorado? Do you still live in Colorado? How long have the children been in New York?

Expert:  Steven K. replied 1 month ago.

I'll check back later to see if you responded.

Customer: replied 1 month ago.
there is an existing custody order out of CO. I do live in CO and so does my ex husband and children, however, we came to NY temporarily (he had military orders) until we could have a hearing in CO on the motion to relocate w/children. He filed the motion to relocate and I opposed. The children have been in NY longer than 6 months.
Expert:  Steven K. replied 1 month ago.

So you left Colorado as well? What do you mean when you say your ex-husband lives in CO? I thought he was in New York now. Does he maintain a home in Colorado?

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