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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 37400
Experience:  Attorney with 16 years experience
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I reside in New York and and my 17 year old son resides in

Customer Question

I reside in New York and and my 17 year old son resides in Atlanta with his Dad. There are no formal custody or child support arrangemnts through the courts, although I am contributing. I want my son to come for a visit in New York yet his father is not permitting him. He has been residing in Georgia for 2 years now. What are my options.
Submitted: 2 years ago.
Category: Family Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Does son want to come for a visit?
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What is the reason father doesn't agree?
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Have you proposed a way for son to get to NY or would you be picking him up in GA?
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,
thanks
Barrister
Customer: replied 2 years ago.
My son wants to come to New York. Most of the family and friends reside here. I normally purchase and airline ticket and father escorts him to the airport where I would meet him on this end. Father is upset and wants me to send $2000 towards purchase of a car for son. When I agreed to send it, he told me it wasnt enough and would need more. I did not agree and pulled the money back which I am holding on to.
Expert:  Barrister replied 2 years ago.
Ok, if there is nothing in place from the court regarding any custody order, then legally you both have exactly equal rights to custody of son. So if you wanted to have him come and visit you, and he wanted to come, then the father couldn't prevent it.
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However, he wouldn't have to transport son to the airport to assist, although it is unlikely he could prevent son from calling a taxi to take him there.
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If you were to go to GA to pick him up, that is also another option, although a burdensome one.
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So bot***** *****ne is that father can't prevent you from arranging the trip, but he doesn't have to help accomplish it.
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thanks
Barrister
Customer: replied 2 years ago.
Thank you.
If I wanted to establish custody I understand I would have to file in Georgia correct?
Expert:  Barrister replied 2 years ago.
You are very welcome. .
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And yes, if son resides there, that is the court that would have jurisdiction over the case since no formal order has been entered elsewhere.
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thanks
Barrister