Legal Question in Family Law in New York
Where should I file for custody?
Me,my wife, my mother in law and our 2 year old son lived in NY and we moved to Delware, now they have taken my son with them back to NY, I am trying to get in touch with her so I can send money for my son, but she does not anwser the phone, and has told everyone not give me her address. I want to send money for my son before she petitions me for child support. I would also like partial custody or visitation rights for my son. What paper work can I file and in which state? Ny or Delaware?
1 Answer from Attorneys
Re: Where should I file for custody?
You may file in either state. If your son has been in NY for more than 2 years, NY would be the best choice.
Filing in NY is always proper because that is the place of residency of your son. But, because he is a past resident of DE, that state, too, has the authority to hear the case.
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