Grandparent Visitation

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Latest post 02-03-2009 9:48 PM by J Douglas Barics. 1 replies.
  • 02-03-2009 9:16 AM

    Question [=?] Grandparent Visitation

    My fiancee and I have a child, almost 2 yrs old.
    Her (my fiancee) parents filed a petition for visitation.
    The grandparents unexpectedly told broad lies about the amount of previous contact they had with the child and a temporary visitation order was issued giving them 3 hours visitation every sunday, at their home.
    we have upcoming court date for mediation followed by appearance before judge when mediation fails.
    we have plans to move to another state.
    can we legally move to another state, and can visitation be imposed upon us if we are no longer in new york?
  • 02-03-2009 9:48 PM In reply to

    re: Grandparent Visitation

    Grandparents have a right to seek visitation under DRL 72, but they must first establish they have standing to do so, such as one parent has died or that the circumstances otherwise call for them to be allowed to seek visitation.

    However, I can see no basis for a court to prevent an intact family from moving, other than child neglect or abuse.

    In general, New York would retain jurisdiction over your child only if there is an existing order of custody and at least one parent or the child lives in New York. Absent an exiting order, the state where the child lived for the past six months would normally have jurisdiction. Once the six month period has passed, any new state would assume exclusive jurisdiction over all custody and vistiation issues.

    These are only general rules, interstate custody can be a bit tricky, as can grandparent visitation. You should speak to a lawyer for specific advice.

    J. Douglas Barics
    www.jdbar.com

    J. Douglas Barics

    www.jdbar.com

     

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