Legal Question in Family Law in New York

You need to go to the family court and file a petition for a change (modification) of custody. You will need to explain the change of circumstances in the petition and why it is in your son's best interests to live with you. The court will consider your son's wishes, but they will also consider other factors as well. For example, the father may say that your son wants to live with you since he is the disciplinarian and he is making him do his homework instead of hanging out with his friends. If your son's father is going to fight this you may want to hire an attorney to counter these allegations and prove your case.