Legal Question in Family Law in New York

My daughter lives in New York State with her father and grandparents and I visit from NJ every other weekend, I have her on Holidays, vacations and when she is out of school. I recently discovered that they have been keeping her out of school for weeks at a time due to a "sickness" that they have not taken her to the doctor for. She has been out for 2 and a half weeks this last time without taking her to the doctor. I also discovered that she is being cared for almost exclusively by her grandmother while her father stays with his girlfriend at another location, and her grandmother is making all the decisions regarding her care, or lack thereof. There are many other issues in the situation. I need to know what to do, what my options are and who can help me regarding this.


Asked on 12/17/12, 2:00 pm

1 Answer from Attorneys
Jordan Trager Wisselman, Harounian & Associates, P.C.

This does not sound good at all. You need to immediately file a petition in the Family Court in the county where the child resides. If there is a prior court order granting the father custody, you need to file a petition for modification of a prior order of custody. If there is no prior court order, you need to file a petition for custody. Once you appear in court, you need to immediately request a court ordered investigation, also known as a COI. It would be extremely beneficial for you to have an attorney representing you on this case.

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Answered on 12/17/12, 2:50 pm


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