Legal Question in Family Law in New York
Where and how to file child custody petition
My husband and I would like to file for custody of his son, who is currently living in NY with his natural mother. There is no order of custody filed in the court, and he is 9 years old. Right now, they are under a personal agreement that we get him for the summer and some holidays or weekends, but she is now trying to keep him from his dad. Also, their home life is less than ideal, and we believe that he needs a stable home. Do we have to file the petition in the NY court where he is living with his mother? Or can we file it here in Maryland where we live? Also, does the petition have to state that just my husband is filing for custody . . . or can it state that the two of us, as a married couple, are filing for custody? (I wasn't sure, since I technically am only related to him by marriage.) Also, is it possible to find a free lawyer? I only ask because my husband gives her more than 50% of his paycheck, which is court ordered, so we do not have enough money to pay our current bills, and we are working on getting the child support lowered. But until we get it lowered and caught up, we can't afford help. We had a court date for support modification, but the magistrate would not let my husband speak yet helped her.
1 Answer from Attorneys
Re: Where and how to file child custody petition
The UCCJEA governs jurisdiction of interstate child custody disputes, and NY has jurisdiction over your husband's son as his home state. A non-parent generally has no standing to file for custody; only the presence of extraordinaly circumstances, such as neglect or abandonment by the biological parent, will permit the court to entertain your petition for custody. Your husband, of course, has every right to petition without such a showing.
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