Legal Question in Family Law in New York

I�m not sure if I�m asking this question right but here it goes. A friend of my teen age daughter was living with his divorced mom in NY she decided in the middle of a school year to move the boy to his dad out of state in Florida. The boy is very unhappy and wants to come back to NY he's 16 does he have any rights.


Asked on 12/12/10, 12:40 pm

1 Answer from Attorneys

Paula McGill Attorney at Law

You left off important facts your friend will have to provide.

(1) Is there a current custody order?

(2) If so, who has custody under that order?

(3) If your friend has custody, she can demand that her son return to New York. If the father fails to return the child, he can be held in contempt.

(4) If the custody order was modified when the son moved to Florida, your friend will have to file a petition to modify custody based upon the child's desire to move back to New York.

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Answered on 12/17/10, 9:12 pm


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