Legal Question in Family Law in New York

Felons and Custody

My X husband is a 3 time felon released from prison 1year and some months, he is currently in a drug rehab program and reports to a probation officer. My son is 15 years old and finishing out the school year at his granmothers home in NY and will stay on through the summer for court ordered summer visitation with his father who resides at another address. I received court papers stating that the father is filing for custody stating he lives with our child. He does not. While our son is at his grandmothers house I switched the court ordered child support to the grandmother as payee, all documents were noterized, per DCSS. Father has joint legal custody, I have physical custody as ordered by the State of VA. Can the court in NY over ride the court order from VA.? Can a convicted felon get custody? The father cannot prove he has legal resdence ie; provide a lease or utilty bill with his name. I am confused, please help. Court date is set for July 14,


Asked on 5/30/08, 3:21 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Felons and Custody

You should respond to the court papers with the information that you've outlined in your question, emphasizing that under the UCCJA(Uniform Child Custody Jurisdiction Act), Virginia retains custody jurisdiction over your son, and that he is merely living temporarily with his grandmother in

New York, not with his father, and is expected to return to the Commonwealth by summer's end. And then request that the father's custody suit be dismissed.

And, if for whatever reason the suit is not dismissed, you may need to attend the hearing yourself to present the above arguments to the court in support of its dismissal or hire a New York attorney to make them in your stead.

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Answered on 5/31/08, 10:02 am


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