Q: what can i do to see my child while father has temporary physical custody?
I have physical custody in my divorce decree issued in NYS in 2017. I moved this past summer back to NYS with my son and had a verbal agreement with his father that he will enroll him in school in Brooklyn and have physical custody until Feb. His father is now not allowing me to contact him or see him. I have not been able to speak to him for a week and am being denied visitation. When i handed him physical custody i also have an email that i wrote to him stating what the agreement was. I do not have the means to go enforce custody through family court because i am not settled yet but would like to see my son and still have physical custody in Feb.
A: File a visitation Petition
A: If the order of custody of the court hasn't been changed, you still have physical custody which you can enforce with the police. The only reason to go to court is if you believe the father won't return the child in February as filing any petitions now will not be heard much before February anyway.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
