Legal Question in Family Law in New York
want to go home
my exhusband got custody of our daughter and then moved to texas she is now 17 and wants to move back home with me her mother do we have vto go by ny or texas laws?
2 Answers from Attorneys
Re: want to go home
Notwithstanding subsequent changes in a parties' or child's, state of residence, NY retains jurisdiction re "originating" divorce, custody and child support issues.
Therefore, IF NY is the place where your divorce Judgment, or child custody & support Orders were granted and entered, NY has continuing jurisdiction to hear and determine your application for a change in your custody & child support orders, pursuant NY law.
In addition, IF NY is the place where the "original" child custody & support orders were entered, that you want to change, even if your application for a change of custody is filed in Texas, NY law should be applied, (per the interstate compact), in order for the change/s to be properly "recognized" in NY.
Good luck,
Re: want to go home
Texas. The law holds that the court has jurisdiction if the child has lived in that jurisdiction for over 6 months.
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