(New York State) Close friend of mine has been battling with family member regarding custody of her son for approximately 5 years now. The dilemma started when the child was removed from the home of my friend who at the time was living with an abusive boyfriend. To prevent her son from being placed into foster care, she allowed a relative to take physical custody of her son who was approximately 8 years old at the time. This relative lived in another state (NY).
Eventually, this friend left the abusive relationship and attempted to regain physical custody of her son. However, the aunt gave her resistance, which ultimately turned into a court battle. Because the child had now been living in another state for an extended period of time, the aunt filed a petition in her home state in which the case was scheduled. My friend, however, was not able to afford an attorney or travel to New York state herself. She attempted to obtain assistance from legal aid but ultimately the court case came and went and my friend was not able to attend or answer the petition to appear in court. The judge granted the relative joint legal custody, with the relative also retaining physical custody.
Since the court's ruling, the relative has made it difficult for my friend to communicate with her son who she technically still share's custody of. The aunt is refusing to allow her to contact her son until she apologize for some of the verbal exchanges that the two of them participated in. What long term remedy or avenue should this friend pursue to first force the aunt to allow her to communicate with her son and ultimately regain full custody?
Eventually, this friend left the abusive relationship and attempted to regain physical custody of her son. However, the aunt gave her resistance, which ultimately turned into a court battle. Because the child had now been living in another state for an extended period of time, the aunt filed a petition in her home state in which the case was scheduled. My friend, however, was not able to afford an attorney or travel to New York state herself. She attempted to obtain assistance from legal aid but ultimately the court case came and went and my friend was not able to attend or answer the petition to appear in court. The judge granted the relative joint legal custody, with the relative also retaining physical custody.
Since the court's ruling, the relative has made it difficult for my friend to communicate with her son who she technically still share's custody of. The aunt is refusing to allow her to contact her son until she apologize for some of the verbal exchanges that the two of them participated in. What long term remedy or avenue should this friend pursue to first force the aunt to allow her to communicate with her son and ultimately regain full custody?