Legal Question in Family Law in New York

My 16 year old son went to live with his father and his fathers pregnant girlfriend (while we are still married). my husband is 47 and his girlfriend is 25 and i dont feel this is a good example that his father is setting. i do not want my son there. i want my son home with me, where he belongs. i am a good mother and miss my son very much. he decided he would rather live there about 1 week ago and im suffering terribly. do i have any power to change this? and what steps can i take? i am not even legally seperated from my husband and i want to know what rights i have to get my son back with me. please help!


Asked on 12/22/09, 11:32 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

You may file a petition in Family Court for custody. However, the Court will take into account the wishes of the 16 year old boy. Ultimately, the Court will decide custody on the best interest of the child (and not you).

Mike.

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Answered on 12/28/09, 5:13 am


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