Legal Question in Family Law in New York

change of custody

If a mother who was the residential parent(they share joint custody) kicks her son out of her house and he lives with his father, can she make him come back home in family court? He is safe and well provided for with his father and wishes to continue living there and he is fifteen yrs old. The circumstances surrounding his departure were pruely various disagreements and there is another son who is younger living with her.


Asked on 5/21/02, 8:42 am

1 Answer from Attorneys
Michael Stutman Mayerson Stutman, LLP

Re: change of custody

it is not likely that the child can be compelled to return to the mother. however the father, assuming he is obligated to pay child support, should immediately apply to the court for a modification of the support obligation. the mere fact that the child moved does not terminate the obligation to pay support.

Read more
Answered on 5/21/02, 8:51 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York