Legal Question in Family Law in New York
Sister needs advice
Sister needs to file for divorce. Custody agreement was coerced and is not good for 3yr old child. She was left with the household bills in her name (he said he had no credit), and while not having a great deal of material assets, did lose all her possessions (family jewelry, beauty license & tools of the trade - scissors, buzzer, whisks, capes, rods, blower, etc, etc - and her awards of achievement, i.e. coloring award, etal), lamps, dishes, tv, computer, printer, rocking chair, baby's crib, and chest of drawers for baby's clothing, much of her clothing, baby's clothing, and all the toys that were provided by her parent's, etc. Since the custody agreement is not good, cuasing him pyschological harm, it needs to be amended - should she file in NY or NJ? Is there any advantage to either. Mom & chld in NJ one year now.
2 Answers from Attorneys
Re: Sister needs advice
A custody agreement can always be modified in the best interest of the child. A property settlement agreement is another matter. She should file where she resides. Coercion must be proven, but once it is proven it negates any agreement. Your sister needs to talk to an attorney to obtain a proper assessment of her situation. She can call me at 800 273 7933 for an appointment for a consultation. You can visit my website by clicking on www.garymooreattorneyatlaw.abn1.net/home.asp
Re: Sister needs advice
In New York, it is not true that "a custody order can always be modified in the [child's] best interests." There needs to be a showing of changed cirumstances befor the court will entertain modification. Whether NJ has jurisdiction to modify the terms of the divorce depends on facts which you have not mentioned. Your sister may call me at 212-367-9167 if she has any questions.
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.
