Legal Question in Family Law in New York

Re: Custody

Your custody rights depend on a number of factors, but certainly as a parent who has been granted custody who have preference over an older sister. She will need to show changed circumstances and that it is in the best interest of the child to take custody away from you.

As for kidnapping, you have no grounds. You willingly allowed your daughter to go. There was no force involved, however if your older daughter refuses to allow you access to your custodial daughter she may be charged with unlawful interference with a parental relationship, you will need to make a complaint with the district attorney in New York.

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Re: Custody

In addition to Mr. Loeb's advice:

1. NY would not appear to have civil jurisdiction over this case as you are the custodian. A Georgia court would be the venue if your sister sought custody. It would be very difficult for a sister to come ahead of a parent in Georgia. If a case is filed in NY, I am sure a NY lawyer would seek dismissal on this issue.

2. It is quite possible that this may be resolved with a criminal complaint. A NY D.A. would, as another lawyer suggested, be one place to go. But the FBI should be able to assist with filing an interstate case, so you may be able to pursue this from Georgia. Contact them first, then a NY prosecutor if need be. Be aware that if you prosecute, she could end up in jail.

3. This type issue is far too complex to say anything for a certainty, so before doing anything, meet with a lawyer.