Legal Question in Family Law in New York
Custody/Support
My husband has a 7 yr old daughter who now lives with us. The mother who is living in SC had domestic issues and the state (SC) removed the children from her home until she completes anger management classes and secures a job that can support her and the children. His daughter has been living with us going on 2 years now. He is not receiving any type of assistance or child support from the mother. The mother (in SC) is still having domestic issues, documented issues as recent as this past summer. Is he required to obtain custody of his daughter before he is able to receive child support and what are his chances for obtaining custody of his daughter? Could he even persue having the mother's parental rights terminated?
1 Answer from Attorneys
Re: Custody/Support
You have my respect and admiration for your courage and compassion in taking in another woman's child under difficult circumstances.
May I respectfully recommend that the child be afforded therapy because of the obviously dysfunctional environment from which you rescued her.
Regarding your question;
1. You should gain custody of the child at the earliest possible time.
There are several reasons, child support being only one of them. As soon as the mother exits the 'program' she will be entitled to take the child back to SC and you will have little legal recourse.
Once in SC, all legal matters must be held in the SC court, at great inconveniencve and disadvantage to you. (A SC court will be reluctant to place a child in a lawless, decadent environment like NYC.)
2. (a) Because the matter was started in SC, you must first request that the SC court relinquish jurisdiction to the NY court (see UCCJA, Uniform Child Custody Jurisdiction). This is 99% likely to be approved.
(b) Once a NY court has jurisdiction, then you will have little difficulty in gaining permanent custody.
You are welcome to a consultation for no fee. Email is best to make an appointment.
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