Domesticating a Custody Order

[NYdad88]

What is the name of your state (only U.S. law)? NY

I was awarded sole physical and legal custody in NY last month. My ex is in Texas with my daughter. I have retained a lawyer in Texas and am in the process of domesticating the order and having it enforced so I may go down and get my daughter. I continue to maintain residence in NY. Mother has been awarded supervised visitation in NY state. The custody order does not state specifics regarding visitation. Does that mean that whenever Mother wants to visit she can come whenever and spend whatever time, or do you think it can be up to me to state what days and for how long?

After the order is domesticated in Texas, will Mother be able to go to Texas courts to try to modify the visitation or custody order? I was under the impression that she would have to appeal to the court in NY that the order originated from as long as I remained in that jurisdiction.

Thank you for your help.

 

[Ohiogal]

What is the name of your state (only U.S. law)? NY

I was awarded sole physical and legal custody in NY last month. My ex is in Texas with my daughter. I have retained a lawyer in Texas and am in the process of domesticating the order and having it enforced so I may go down and get my daughter. I continue to maintain residence in NY. Mother has been awarded supervised visitation in NY state. The custody order does not state specifics regarding visitation. Does that mean that whenever Mother wants to visit she can come whenever and spend whatever time, or do you think it can be up to me to state what days and for how long?

After the order is domesticated in Texas, will Mother be able to go to Texas courts to try to modify the visitation or custody order? I was under the impression that she would have to appeal to the court in NY that the order originated from as long as I remained in that jurisdiction.

Thank you for your help.

https://forum.freeadvice.com/child-custody-visitation-37/domesticating-custody-order-600791.html


It is possible that domesticating will transfer jurisdiction due to what is considered domestication.

 

[LdiJ]

What is the name of your state (only U.S. law)? NY

I was awarded sole physical and legal custody in NY last month. My ex is in Texas with my daughter. I have retained a lawyer in Texas and am in the process of domesticating the order and having it enforced so I may go down and get my daughter. I continue to maintain residence in NY. Mother has been awarded supervised visitation in NY state. The custody order does not state specifics regarding visitation. Does that mean that whenever Mother wants to visit she can come whenever and spend whatever time, or do you think it can be up to me to state what days and for how long?

After the order is domesticated in Texas, will Mother be able to go to Texas courts to try to modify the visitation or custody order? I was under the impression that she would have to appeal to the court in NY that the order originated from as long as I remained in that jurisdiction.

Thank you for your help.

Was mom properly served for the NY case? Whether or not TX would attempt to assert jurisdiction and basically retry the case depends on many, many different factors. I am personally familiar with a case (different two states involved) where domesticating an order in the state where the child was living resulted in that state retrying the case and deciding in favor of the parent residing in that state. However, that happened because specific factors, including improper service, fraud upon the courts and other factors were involved.

If you are going to get an attorney in TX to help you domesticate the order I suggest that you ask that attorney and be very honest about the details of the situation, even if they cast you in a negative light. I am not suggesting that you did anything that wasn't perfectly proper, I am just explaining what might cause you grief.

 

[BL]

As long as the order was properly decided , You and lawyer would register a certified NY order in the TX. for enforcement purposes. It called registration of a foreign custody order.

Run that by your attorney.

As far as supervised visits , no she could not just show up.

The order should have included as agreed ,or upon a time notice requirement .

Without any specified visitation dates or time , you can not be held in contempt of court.

However since it is what it is ,try to reasonably accommodate Mom due to the distance.

Edit , there was another same post ,different user name ,where did it go?

 

[NYdad88]

Thanks. Lawyer in Texas has submitted the order for registration and I signed last week, the petition for enforcement according to the UCCJEA. Lawyer also has all copies of affidavits of service from custody proceedings. I have no intention of denying mom visitation, but since nothing was essentially spelled out, I don't know if it would be me to approach the court for something specific or mom to do it.

 

[BL]

Thanks. Lawyer in Texas has submitted the order for registration and I signed last week, the petition for enforcement according to the UCCJEA. Lawyer also has all copies of affidavits of service from custody proceedings. I have no intention of denying mom visitation, but since nothing was essentially spelled out, I don't know if it would be me to approach the court for something specific or mom to do it.

You do have a Lawyer.

No, it wouldn't be up to you .

 

[NYdad88]

New situation, same case

I am still in New York with my daughter. She has been with me for 5 1/2 months now, and doing wonderful. My ex, is still in Texas, and has not come to NY for a visit yet. I do Skype for her with my daughter at least once or twice a week.

Last week she informed me that she put a down payment on an apartment literally a stones throw from my home in NY and will be moving here within the month. I dont think it's a financially good move given her situation, but it's not my decision. My question is, since my custody order does not stipulate times and or days of visitation, (supervised) that I should make up a schedule? I don't feel that it should be whenever Mom fancies visiting (which I'm sure she will want everyday), as this will not be feasable, as she is ordered supervised, and I have to infringe on someone to be there with her. I was thinking twice a week for 3 or 4 hours, at a neutral place, (a park), and some hours on the weekend, or is every other weekend? My daughter is now 20 months old, and still needing a few hours nap in the afternoon. I don't want to disrupt her schedule, as she is doing great. My mother was appointed by the court to be the supervisor, or anyone else I can trust.

Also, am I correct in assuming that any changes to visitation, (lifting the supervision order) needs to be made by Mom?