Brooklyn, NY asked in Family Law and Child Custody for New York

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.

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2 Lawyer Answers
John Anthony Pappalardo
John Anthony Pappalardo
Answered
  • Divorce Lawyer
  • White Plains, NY
  • Licensed in New York

A: File a visitation Petition

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Divorce Lawyer
  • Garden City, NY
  • Licensed in New York

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.

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