First things to know about custody battles?

Q: Currently married to wife who wont let me visit and wants full custody. We are married in the state of North Carolina. She left the state of North Carolina with my daughter to the state of New York to move back in with her parents. She has made claims of Domestic violence. We had an incident were I was forced to restrain her from putting her hands on me. She called the police and they issued and A.O.F. (State of North Carolina) which came with a restraining order which she dropped. Didn’t come to the follow up court date either.

A: Has she been in NY for more than 6 months? If yes, the NY would have “home state” jurisdiction & you’d need to fight the case here. In such instance, you’re best advised to file your own counter-petition. If the child’s not been in NY for more than 6 months, then I’d advise you to consult a N.C. attorney about filing an application down there. Schedule a consult with a White Plains Child Custody attorney for a full assessment.