Legal Question in Family Law in New York
child rights
I am a divorced father of 2 years. I live on staten island, New york and have joint custody up through his 8th grade education which ends this year. He wishes to attend High School here but his mother in the divorce agreement has the right of Physical custody after his 8th grade education is over. She has indicated to me after initially agreeing verbally that he can attend school here that she is not sure now and may wish to move to Newe Jersey. Can my son who wants to stay here in Staten Island and attend High School here get a lawyer and seek through the court to stay here and go to school in Staten Island. Can I go to court to get the original agreement modified.?
2 Answers from Attorneys
Re: child rights
You can petition the court for a custody modification and your son's preferences will be considered.
Re: child rights
Your son may not need a lawyer. But if he does the court will appoint a Law Guardian for him.
Go to family court and complete a modification petition and state what has changed since you had originally agreed to the custody arrangement (your child is doing well in school and wishes to go to HS there, the Mother wants to move out of the state, etc.).
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