Legal Question in Family Law in New York

Intrastate Custody

My son 13yoa has been living w/ me for 2yrs; he lived prior w/ his father 2yrs. This was our agreement to switch back and forth;however, with high school away in one year;i don't feel like it is fair to my son to do this. I want him to stay w/ me in NY and not return to SC w/ his father. My son wants to live in SC for high school however when he lived prior his grades fell from A/B to C-F; he didn't participate in sports like he does now or did before when I lived there w/ him; while living w/ his father he asthma came back after no episodes for 7yrs; surprise his father started smoking and can't or wont quit. i have another son and want them to know each other (3yoa) We both are married and I know if he moves back his grades will decline and chances of college aren't good. His father quit school in 8th grade and was allowed by his parents so the understanding of education isn't there...yes I sure can pick them.. Do I have any rights in NY while he is here w/ me to file anything. I have called a few attorneys only to be told..jursidiction has already been established.. The change is suppose to take place this summer. WHat options do I have in NY to prolong that? Per order, we have to submit to mediation but they are stalling.


Asked on 5/06/08, 3:30 pm

1 Answer from Attorneys
Tracey Bloodsaw Law Office of Tracey A. Bloodsaw

Re: Intrastate Custody

To establish jurisdiction the child must be a resident of NY for a period of six months unless there is an emergency situation. If there is an order already in place there, then you will probably be sent back to the court there.

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Answered on 5/09/08, 4:15 pm


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