Legal Question in Family Law in New York
my daughter's father wants her to go to his school district, this would make her live with him a majority of the time. I have full custody of her right now, would this change to wherever she lives a majority of the time?
1 Answer from Attorneys
Changing the child's school district to that of the father's could potentially lead to a change in custody.
After a period of time passes where the child is residing with the father in order to attend school, the father could return to court for a modification of the custody order to reflect whatever it is that is actually occuring.
A modification of a custody order can be obtained after a showing is made of a substantial change in circumstances - and a change in the child's residence would qualify as a substantial change in circumstances.
Patricia Martin-Gibbons
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