Legal Question in Family Law in New York

residential custody

I have sole custody of my 16 yr. old daughter. I want to know if I can give her father residential custody and I keep legal custody with out going through a court process? Her father lives in Ohio. We live in Tonawanda. She is pregnant and continues to run away. I think it will be in her best interiest to make her go live with her father for a time and get her away from the bad influances she has been hanging around with. Is it possiable to do this and force her to go to Ohio?


Asked on 6/20/08, 7:57 am

1 Answer from Attorneys

jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: residential custody

This is an age old question, how do you get a 16 year old girl do what is best for her.

You could send her to Ohio to live with her father, without any legal proceeding. However to enroll her in school, you would probably have to give him some documentation probably from surrogate or family court. You might also need this for medical reasons.

It is however difficult to force her to go anywhere. My suggestion would be to have her father come to buffalo, have her bags packed and away she goes. The school year is almost over so that should not be a problem.

At 16 a child can leave home and there is very little you can do to stop where and with whom she lives. You do have the financial clout.

If your child lives with her father, he can come back after you for child support.

There are so many different factors involved, and without talking to you I would be hardpressed to give you any other legal advice.

Please feel free to contact me.

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Answered on 6/20/08, 9:31 am


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