Legal Question in Family Law in New York

I want to file for divorce in NY. I also want custody of my nine year son. Currently my husband and I live and have always lived in Ny. Our son lives in Ga. with my husbands mother. My husband and his mother share custody. My question is if I file for divorce can I still request custody in the divorce?


Asked on 3/04/11, 11:32 am

1 Answer from Attorneys

Brian Jones The Law Office of Brian P. Jones

You can file for divorce in NY so long as you were married in NY or you have lived here the required amount of time. Since you say you have always lived here, you should have no problem filing for divorce in NY. The custody issue may be a little murkier and without more information, I cannot answer the question. Your best bet is to speak with a Family Law attorney in NY who can better assist you.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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Answered on 3/09/11, 8:48 am


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