Legal Question in Family Law in New York

Re: Custody

It might depend upon where and what the divorce judgement was filed and says.

Otherwise the residence of the child usually controls.

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Re: Custody

This is an easy question. The answer depends on whether there was an order of custody in your husband's divorce decree.

If there was, then you need to file in New York and you nedd a New York lawyer. I would be happy to assist you.

If there was an order, then the court that gave that order will be the court to file with.

There is a small additional opportunity to take the matter to NJ. If the original court was the Supreme Court, then you can give NJ a try. The reasons are obscure, but you would be arguing a 'de minimus' interest by the NY court in the matter of custody. It has a chance, but the odds are against winning that effort.

You are welcome to a consultation at no fee at my offices at 42 West 44th Street (near Times Square). Please call for an appointment first (646) 591-5786.