Won't return child from out of state visitation


#1

You will need to hire an attorney in NY and NC. The NY attorney will need to go to court and file a motion to dismiss and a motion to change jurisdiction. The NC attorney will need to coordinate filing an action and getting it transferred here. In the meantime, your NC attorney can try to get an emergency order ordering that your child be returned.

NY no longer has jurisdiction because your daughter has lived in NC for the last six months.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

Thank you for your quick reply Ms. Nevicosi. You confirmed exactly what I had thought. However, being a single mom I can not afford attornies in both states. I understand that the court can order the Ex to pay these fees but that will not help me up front. Do you happen to know if there are any pro bono programs that may be able to help in my situation or do you think it would behoove me to try to go pro se with an emergency petition here asking for a writ of habeus corpus? I am really not concerned about the child support order in NY as I have always appeared pro se electronically(via phone) and can file the petition to dismiss on the grounds of jurisdiction easily. For me, the child support is the least of my worries, I need my daughter home where I know she is safe. There are two seperate orders for support and custody. Support goes in front of the magistrate and custody goes in front of the judge. Would I need to file a seperate request in NY to have the Custody order transferred?Or do I only need to file in NC with proof of her residence? I really appreciate your assistance in this matter and am so grateful that your firm has these resources available for the layman.


#3

You can proceed pro se, if you are in Wake County there is a legal clinic available that can assist you with filing the action. If you call the Family Court Office they can give you the information. You would not file a writ of habeas corpus, rather you would file an action for custody and a motion to transfer jurisdiction, and then set the matter for hearing in front of one of the judges in the county you live in.

Legal aid also offers free legal assistance.

I wish you the best of luck.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

My 16 year old daughter who I have had custody of her entire life went to visit her father in NY. He called me while she was there and asked me to write a letter to the New York State child support collection unit forgiving him of the 5k in arrears he owes me. When I refused he threatened to talk my daughter into staying with him(which I have on a voice mail). Well, he did just that. He turned her against me when we had absolutly no problems out of the norm teen issues before she left. She now states that she wants to live with him and is not coming back to NC for her senior year. I then get a petition for child support from New York. Not custody, support!!! I can not afford to travel to NY for court. Is there anything I can do to force her return? The original custody/support order is from NY. We have not lived in NY since my daughter was 9 years old.