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Court Decides Custody Where One Parent Lives Abroad

A father moved for an order modifying the provisions of the parties’ decision of divorce to which granting him full legal and residential child custody of the child of the marriage, an order appointing a law guardian to represent the interests of their child and directing that the residence of their child remain within the state. A New York Family Lawyer said the order to show reason granted a temporary restraining order providing that the child shall remain in the state and shall not be removed from the jurisdiction during the pending proceeding.

Consequently, the mother moved for an order directing the father to immediately return the child to her, as the custodial parent.

The couple got married in Brooklyn and the mother delivered her baby in Norway. The mother had returned to Norway to avail herself of health insurance coverage and to be near to her family. A New York Criminal Lawyer said the child and mother returned to Brooklyn soon after the child’s birth and resided in New York throughout their marriage.

The father claimed that he also agreed to pay the child’s direct living expenses, such as school tuition, clothing and other necessities, as well as the expenses acquired when the child visited with him during each of the child’s school vacations. The father further asserts that the parties’ agreement contemplated that the mother and the child would return to Brooklyn at the end of the two-year period.

Through a decision of the court, parties were divorced. Pursuant to it, the mother and father shared joint custody of the child, who was to reside with his mother and the father was to have reasonable rights of visitation away from the custodial residence. The decisions provided that the court shall have concurrent authority with respect to any future issues of maintenance, child support, child custody and visitation.

Subsequently, the mother and the child relocated to Norway in accordance with agreement. The child spent extended time with the father during his school breaks. A Nassau County Family Lawyer said that the father’s contact with his son was limited and the father contends that the mother changed her residence and did not provide the father with their address or telephone number. The father then received a letter from the mother’s attorney, advising him that his former wife was engaged to a local man and that she did not want to return the child to New York and that she wanted the father to agree to allow the child to reside in Norway permanently. The letter further advised the father that until the situation was resolved, the mother don’t want to travel with the child. The father accordingly retained an attorney to respond to that letter and the mother agreed to allow her ex-husband’s mother and sister to bring the child to Brooklyn to visit with him. However, when the child was in Brooklyn, the father refused to return the child to her mother in Norway and the instant proceeding was initiated. The mother then arrived in New York seeking to obtain child custody.

In support of the father’s request that he be awarded legal and residential custody of the child, he then alleges that the child told him that he was not involved in any extracurricular activities or organized sports and that he didn’t do anything most of the time. The father further contends that the child would receive a better education in Brooklyn, from the private school where he is currently enrolled and where he attended prekindergarten and kindergarten, than he would receive in public school in Norway. Further, a Queens Family Lawyer said the father is engaged to a woman with whom the child is very comfortable and states that he can create a strong home life for the child. The father also asserts that the mother has not provided the child with a stable life in Norway.

Consequently, the court directs that the child shall continue to reside in New York and that neither party shall remove him from the state, or cause him to be removed without permission from the court.

In married life, couple usually experience lots of misunderstanding and arguments. In some point they get into divorce and a NY Divorce Attorney can offer their expertise with the matter. If you have a child and both of you wanted share custody, ask the NY Child Custody Attorneys. When disagreements on child matters arise, you can ask help from the NY Visitation Attorneys of Stephen Bilkis and Associates.

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