Getting the Court Involved with Custody
Family court exists to resolve your issues with divorce and children. Getting the court involved with custody can be scary, but ultimately can help you resolve the issues you are experiencing with your ex.
Getting the Court Involved with Custody | Enforcing an Out-of-State Custody Order
The first step in enforcing an out-of-state order in New York is to register your out-of-state order in the family court in the county where you reside. Once your order is registered for enforcement, you can file an enforcement petition and follow the regular process.
Getting the Court Involved with Custody | Changing the Jurisdiction of a Child Custody Petition
It is appropriate to initiate a custody petition in any county where either parent or the child resides. If, however, the other parent files their petition in a county that is inconvenient for you, you – or your attorney – can file a motion requesting the court to designate that county an inconvenient forum. If that motion is granted, the family court can move the proceedings to the county where you reside.
In its effort to determine whether a county is an inconvenient forum, the court will consider where the parties reside, how long they’ve resided there, where the child resides, and where most of the witnesses can be found. Oftentimes, the court will evaluate all those factors – based on your specific circumstances – to determine the best place for your matter to be heard. If someone has initiated a family court proceeding in a county far away from your home, your best option is to consult with an experienced family and matrimonial attorney who can help you. That attorney will submit your motion to the court and present the facts of your case in the most compelling manner.
Getting the Court Involved with Custody | Getting a Passport for Your Child
Clients often ask if they can obtain a passport for their child and, if both parents consent, the answer is always yes. If both parents do not consent, the matter may need to be resolved in court because, until a child reaches a certain age, both parents must actually be present to obtain a passport. Further, up to another age both parents actually have to sign the paperwork for the passport. Neither parent can simply apply to obtain a child’s passport without permission from the other parent or a court.
If you are worried about getting the court involved with custody, don’t worry. Our knowledgeable and caring Saratoga custody lawyers can take care of you. Call today to meet with us.