Legal Question in Family Law in New York

Child Custody

I'm in the Army and my children live with thier mother in NY. I was transferred to MO and now that I won't be going to Iraq continuously, I would like for them to live with me. They lived with me before for 3 years and since 2004, they've lived with thier mother. Is there a presedence about kids moving out of state? Will I be able to file (in NY of course) to change the custody.


Asked on 3/20/08, 6:07 pm

1 Answer from Attorneys
Tracey Bloodsaw Law Office of Tracey A. Bloodsaw

Re: Child Custody

That depends. If they have lived in NY for 6 months or more, then the petition has to be filed here. There will probably be a "comparative fitness" test to determine where the children should live and with whom.

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Answered on 3/20/08, 8:27 pm


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