Legal Question in Family Law in New York

child custory

my son is 9yrs old he resides unhappy in delaware w/father -stepsibling and baby on the way . they have been evicted 3 times . I am stable work educated and capable of supporting my son. my son wants to live with me . what petition should i file father does not abide by court order . SECOND QUESTION i have primary custoday for summer and vacation how can i keep him if my son want to stay?


Asked on 12/05/06, 12:33 pm

1 Answer from Attorneys

Re: child custory

You would need to file a petition for custody based on a material change in circumstances to the extent that it will be in the best interest of the child to live with you. You REALLY should get a lawyer to help you with this. Whatever you do, ABIDE BY THE CUSTODY ORDER OR AGREEMENT FOR NOW, EVEN IF THE CHILD WANTS TO STAY WITH YOU until you have permission to do otherwise.

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Answered on 12/05/06, 3:35 pm


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