Friday, 17 January 2014

In the Judgment of Divorce, this court made no finding as to the custody of the children, support, and/or visitation for the reason that the...

Question

In the Judgment of Divorce, this court made no finding as to the custody of the children, support, and/or visitation for the reason that the children of the marriage resided outside of the State of New York at that time. My children have lived with me since 6/11 until their mother returned to NYC in 9/11 where the living arrangements, custody, visiattion as been debated. Now she has served me papers in a amtter of support. What is my position?



Answer

I assume this if a Family Court matter. You should be cross-petitioning for custody of the children and for visitation. A guardian will be appointed by the court for the children. Ultimately, the court will decide what is in the best interest of the children.

Mike.



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