Legal Question in Family Law in New York

child custody

First we need to know how to go about getting a law guardian for my child. She keeps telling us that she wants to come live with me and my wife and not with her mom and mom's boyfriend. This child has told the school counselor that she wants to come live with us also. My ex-wife and I have joint custody of her with physical residential custody with my ex-wife, we would like to get residential custody switch to us and not with her mom.


Asked on 4/27/04, 5:50 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: child custody

You may seek a change in custodial residence of your child, by filing a Custody Modification Petition in Family Court, (or the Court that issued your current Custody Order); on grounds of change of circumstance.

You do not need a "Law Guardian" First. The Court will appoint one, if needed.

First you should try to discuss the proposed change with your child's mother.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

Read more
Answered on 4/28/04, 7:55 pm


Related Questions & Answers

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