Legal Question in Family Law in New York
Custody Reversal
I am a divorced father who was given custodial custody of my 11yr old son this past february..My ex gave him to me of her own free will and moved in with her boyfriend which shes had several of.My sons residence while living with her since our divorce about 3 1/2yrs ago has changed about 6-7 times..I bought a 2 bedroom condo for him to live in with me and put him in a new school district.Now she wants him back because she doesn`t want to pay child support..Will a judge reverse the support order again knowing the stability of he upbringing is always jepodized?
1 Answer from Attorneys
Re: Custody Reversal
Child custody is based on the best interest of the child. According to the facts set forth in your question, it seems that it is in the best interest of the child to live with you. The fact that the mother wants the child solely because she does not want to pay support is not reason to be awarded custody.
Mike.