Legal Question in Family Law in New York

custody
my daughter lived with me up until 2 summers ago when she decided she wanted to stay with her bio. dad and see how things worked.i gave somekind of cutody thing to him while she was there.now my 15 yr. daughter is pregnant by 8 months and due in oct. her father was about $6,000 behind in child support when he got her and now somehow ows nothing.he abandons my daughter for weeks at a time with little to any support.no med.insurance that he was court ordered to pay for her.he is married but soon to divorce and have no place to live.my daughter is now living with the soon to be step mom and her dad is out of town again.i desperatly want my daughter home to continue her education and help her through this misfortunate event.should i get her and bring her to new york for abandonment or will i get charged with kid napping my own daughter/grandchild for her own safty.please help me....

Asked on 8/10/08, 2:40 pm

jeffrey lazroe Jeffrey A. Lazroe attorney at law

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Re: custody

This is quite a mess as you so stated.

It appears from your statement that the daughter is out of state which compounds the issue. Which state is she in for the last 2 years.

You have a New York Order for Custody and child support. Was that ever changed by either the New York Court or the out of state court?

You should be able to go by the latest order. If you are still under the New York Order, bring her back if she wants to come back.

If she doesn't want to come back you might have to petition the court in the other state.

Are you paying the father child support?

You still can go after the father for child support payable to you.

If you want, please give me a call for further advice. I would certainly seek some remedy before the child is born.

Answered on 8/11/08, 11:36 am

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