Legal Question in Family Law in New York
My mom is in jail and my sister needs family support.
My mother went to jail for crack cocaine. My sister is 14, her father got temp. custody; however, doesn't want her living with him. She lives in NY with her grandmother/ or aunt, I in NC. She wants to live with me and I have the means to support her, give her stability, and assist her in maintainig her goals. Father doesn't want to give me custody b/c I live in NC. What would I have to do to obtain custody of her, with her saying she wants to live with me and bringing her to NC?
1 Answer from Attorneys
Re: My mom is in jail and my sister needs family support.
You and Your sister (since she is 14) may file a Custody Modification Petition, in the NY Family Court, with jurisdiction.
You may claim: Change of Circumstance: " not living with father;" Best Interests of Child: NO Plan for health, care and education of child, BUT, you have; and Child's Desire to live with adult sibling, (which since she is 14, the Court will permit her to express directly to the Court.
You should have lawyer, although it is not required.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ.
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