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visitation

Divorce creates many situations within a family that cause difficulties. In New York, the goal of the court system is to ensure that the children do not suffer because of the conflict between the parents. A New York Family Lawyer said no matter how much a court system may attempt to ensure that the children do not suffer from the stresses of the parents, it is impossible to achieve this goal entirely. In many cases, the parents do not stay in New York and one may move to a different jurisdiction. When this happens, the parents along with the court must decide if they are in a position to continue to handle the court issues of visitation and support through the New York court system.

One case from 1999, concerned the ongoing issues of a family going back more than ten years before the case was discussed in New York Family Court. The couple were married in Buffalo, New York on June 21, 1987. In 1988 and 1990, they brought two children into their marriage. The couple resided in New York City and Long Island while they both attended college. Toward the end of their marriage, they moved to Hamilton, Massachusetts. They were separated on December 21, 1993, and divorced in 1995. The couple agreed that the children would live with their mother in the family home in Massachusetts and the father moved to a townhouse near the home. In 1995, the mother moved to Buffalo, New York with the two children. The couple agreed that the Massachusetts Family Court would continue to have jurisdiction over the divorce decree and the continuing issues of visitation and support with the children. However, as both parents moved on with new families of their own, additional issues have arisen.

The final divorce decree created in Massachusetts allowed that the children were the full custody of the mother with the father being allowed liberal visitation. However, the father remarried and began a new life with his new wife and stepdaughter in Ipswich, Massachusetts. The mother met a man in New York and later moved with him and the two children from her previous marriage to Oregon. The father at that time filed for the children to rejoin him in Massachusetts. The issue of the court became a situation in which the father stated that he was being expected to spend too much money visiting the children in Oregon, or having the children flown out to visit him in Massachusetts. A Queens Family Lawyer said the case was brought before the New York Family Court in which they agreed with the father and ordered that the child support payments that the father was ordered by the Massachusetts Court to make, should be put into a separate banking account and used to pay for the expenses of visitation and plane fare. The mother filed an appeal.

It is the mother’s contention that the New York Family Court does not have jurisdiction over this case because they are not empowered to make changes to the original decree issued in Massachusetts Family Court. She contends that it was inappropriate for any action to have been made in New York to make changes to the decree that was issued in Massachusetts. She further does not feel that it is appropriate for the money that is intended for the care of the children to be siphoned off into an account to pay for transportation costs, and 1-800 phone numbers to make it easier for the father to talk to the children.

The Supreme Court agreed with the mother in this situation. The New York Family Court did not have jurisdiction to make changes to the original decree created in Massachusetts. Further, the Supreme Court stated that it was not appropriate that money that was sanctioned for the care of the children should be used to ease the financial burden on the father. A Nassau County Family Lawyer said the court determined that the ruling of the New York State Family Court should be overturned and the original Massachusetts order reinforced.

At Stephen Bilkis & Associates with its divorce Lawyers there are convenient offices throughout New York State and Metropolitan area. Our child support Attorneys can provide you with advice to guide you through difficult situations. Hiring a family attorney can prevent you from losing precious time with your family.

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