Legal Question in Family Law in New York

I have joint custody of my 16 year old son, primary custody is with his mother, He called and told me he wants to move to North Carolina with his uncle. Do I need to go to court so the child support that I pay goes to court and what are my legal obligations should this be in a court document


Asked on 1/19/12, 11:19 am

1 Answer from Attorneys
Paula McGill Attorney at Law

First, a 16 year old has no authority to decide that he wants to live in NC. If the parents don't want him to go; he doesn't go.

Next, you are right to be concerned about your financial and legal obligation. If the uncle does not obtain temporary guardianship, he will not be able to enroll in school. Moreover, if guardianship is not legally transferred to the uncle, you might be legally responsible to pay damages should he get into trouble in North Carolina. Therefore, have everything done correctly the first time. The court must modify custody and child support.

Also licensed and practicing in New York.

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Answered on 1/20/12, 5:40 pm


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