Q: My ex and I have written/notarized agreement regarding CS and visitation but she is not keeping up w/ it. what can I do?
I have done my part and more just to make sure I have a good relationship with my daughter. My ex lives in NY, which I did not approve on that move but I didn't know I could have done something at the time. We have agreed to at least 2 visits each. I go to NY to see my daughter 2xs a year and she brings her to FL 2xs, so far I've done my part and have had to go to NY to pick her up myself because she always has an excuse as to why she cant bring my daughter to see me, this has caused financial stress and hardship and I've had to take more time off from work unpaid to make sure i'm back home in time so I do not miss my flight
A: Your only remedy is to go to court. If the child lives in NY then you will need to go to court there. You can use your notarized agreements as evidence in support of your position but ultimately the court will decide what is in the best interest of the child.
Mr Eric Klein agrees with this answer
A:
First, your written notarized agreement, although witnessed by a Rabbi, a Priest, an Imam and Donald Trump himself, is not enforceable. The only way it would be enforceable is if it were reduced to a court order and signed by a judge.
Next, it seems that you sat on your rights too long and now, New York has jurisdiction over your child. As such, you would have to go to a NY court to obtain visits.
I hope this helps. Good luck.
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