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I have a hearing coming up in the state of New York where i…

I have a hearing...

I have a hearing coming up in the state of New York where i lived 6 months ago for contempt of court. My child's father violated our visitation order. The second hearing we did not receive a date yet but it is for child support modification because he was ordered to pay child support but i gave him the option to give it to me himself he is no longer paying. I am tired of going to New York every court date now i am starting a new job. Can i change this case to a case in Maryland instead of NY?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in NY family court?

Yes contempt and modificstion modification

Lawyer's Assistant: Have you talked to a lawyer about this yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that covers it

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Answered in 7 minutes by:
6/23/2018
Jessica B
Category: Family Law
Satisfied Customers: 1,842
Experience: Attorney at Donald B. Linsky & Associates, PA
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Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you!

First, file a motion with the original court to terminate its jurisdiction. For a court that currently has jurisdiction over a child custody case to surrender it, you must show in your petition that the current state is inconvenient. Secure an order from the current court that has jurisdiction stating it declines jurisdiction. Be sure to get a certified copy from the court's clerk.

Determine if the new court where you want the hearing to take place has jurisdiction to hear the custody case. To qualify as an appropriate state for jurisdiction, the child and at least one parent must have a significant connection to the state. A significant connection requires something more than the child being physically present in the state; if the child has relatives in the state and has spent prolonged periods there, the child may have a significant connection to the state. The new state must also have substantial evidence available to it regarding the child’s care, protection and training. This is important because the court deciding custody must have easy access to evidence regarding the child's upbringing to make a good decision.

File a petition with the new court to determine custody. The petition should state why the court has jurisdiction to hear the case and state the court with original jurisdiction declined to hear the case. You should also include a copy of the order from the prior court with the petition.

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Customer reply replied 1 month ago
what if they current state requested to retain jurisdiction until the child turns 5? and do i have to keep going to that state to do the hearings and file the orders?

If the current state has already signed an order requesting jurisdiction until the child turns 5 then you must till the child is 5. You may still file a motion stating because of the move, returning to the current state creates an undue burden and therefore jurisdiction should be released to the new state.

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Customer reply replied 1 month ago
but in the mean time i would still have to travel back and forth for these hearings?

You may file a motion to appear telephonically if that is more convenient.

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Customer reply replied 1 month ago
how does that work? would i go to court and do this? and what that mean i would no longer have to take off of work to show up to New York court until then?

You file a Motion for Telephonic Hearing. It is a one page document that simply states that you are asking the judge for person to appear at the hearing via telephone. State the reason why you need to appear by telephone. Many times it is because of work or the fact that you are moving to another state. If the judge approves, he will sign an order allowing you to appear by telephone.

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Customer reply replied 1 month ago
ok do i have to physically go into court to file or can i file over the phone?

You may file via mail or in person.

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Customer reply replied 1 month ago
ok thank you

No problem. Please remember to rate my service. Thank you!

Jessica B
Category: Family Law
Satisfied Customers: 1,842
Experience: Attorney at Donald B. Linsky & Associates, PA
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