Legal Question in Family Law in New York

forcefully remove child from florida

i have my niece in florida with me, since june 29, 2006, her father is a drug addict and many problems in the home, they live in new york state. my niece is 16, can the parents have her removed from florda or can she stay with me?


Asked on 9/06/06, 4:44 pm

1 Answer from Attorneys
Seth Kaufman Kaufman PLLC

Re: forcefully remove child from florida

If either you or her parents commence legal action, the preliminary issue will be which state has jurisdiction over the matter of custody. NY has adopted uniform legislation which first looks at the child's "home state". If NY does exercise jurisdiction, you, as a non-parent, will have to show extraordinary circumstances in the nature of abandonment or neglect. If you do that, then the Court could decide whether awarding you custody would serve the child's best interests. Since you have been in FL for some time now, you should discuss this in detail with an experienced family law attorney in FL as soon as possible.

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Answered on 9/06/06, 10:24 pm


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