Legal Question in Family Law in New York
Custody of non U.S. child
My daughter married a NY resident. She had a child from a previous marriage. That child is NOT a US citizen, NOT her husbands child and yet NY courts awarded him custody when they divorced. They have a child together and he recieved custody of both. The child is now 11 years old. My daughter is now living in Canada and her child wants to join her here. How can a US court award custody of a minor alien child to a US resident? At what age can this child freely decide where to live?
1 Answer from Attorneys
Re: Custody of non U.S. child
A non parent (or essentially a stranger) winning custody away from a natural parent, is a very strange disposition. And, I suspect there may be undisclosed pertinent facts, that contributed to the Court's decision.
However, A US Court (or any Court), may (and apparently did, in this case) assume jurisdiction over anyone w/in its borders; and may make determinations concerning what they may or may not do, pursuant the law applicable in that country or state.
A fourteen (14) year old child may testify and have input respecting a visitation and custody issues concerning themselves or a sibling.
Good luck,
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