Legal Question in Family Law in New York

Two parents have joint modified custody. The non-custodial parent (who resides in another state) wants primary custody for various reasons. The child is 7 years old and in danger of repeating the first grade. If the case is reopened, will the courts look into that when determining primary custody for the child? The state of NY has just gained jurisdiction over this case and modification of the present order shall be occurring soon. If the current non-custodial parent can be available for home-schooling, afford tutoring or take care of any needs of the child...is there a good chance the non-custodial parent could be awarded custody?


Asked on 1/21/10, 5:36 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Generally, a guardian will be retained by the Court to represent the child. The guardian will interview the child, you and the other parent. The guardian will make a determination on what is in the best interest of the child. The court will also take testimony from all parties to determine what is in the best interest of the child - and then render a decision.

Mike.

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Answered on 1/27/10, 4:52 am


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