Legal Question in Family Law in New York
Question, my Husband has Primary Custody and we share Joint Custody of both our sons, my youngest son wants to come to live with me, he and the new girlfirned do not get along and she doesn't want him to live there, CAN my husband allow my son to come live with me without having the courts permission while the legal custody (transfer of primary custody to me) papers are being filed... the tricky thing is, the original papers were filed in New York, but my kids live in Pennsylvania.
1 Answer from Attorneys
You would be doing yourself a huge disservice if you tried to do this without court action. Your husband would still be entitled to child support and arrears would accrue if he allowed you to stop paying during the time you had the child. You also want it official to keep your husband from being able to change his mind on a whim. Don't make the mistake of thinking this is simple. It looks simple and it is complicated by the numerous variables involved.
As for which state, the original order is in New York, you are in New York, if your husband consents, do it in NY.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
