Legal Question in Family Law in New York

my son is 17 & i have sole custody(out of a NY court) and live in Pa. i work full time ..have medical insurance (hmo) and provide all his needs...his dad lives in buffalo Ny with his 90 yr old grandparents , has no job and no car and doesnt provide ..well anything..my son visits there for summer and his dad has now put into his head that he is old enough to stay there & not return to my home...at this point im not going to fight with my son but have told him his decisions are final...however my medical insurance HMO will not cover him up there (out of network) and neither will my dental ..(he has braces). what should i do? i dont want to neglect him medically, i dont want to fight with him and force him to return to make my home miserable, yet i dont want him to age & live in his grandparents basement like his 47 year old father..jobless & carless with no income or responsibility. do i have to have a court legally obligate his dad to provide medical if he decides to keep him? (in fact the court order from ny from years back states he was to provide all their medical needs for the last 14 years & hasnt whatsoever...not one dime) ..help!!!!


Asked on 7/07/10, 2:17 pm

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

You need to file a petition in family court to enforce the support order and you should bring an action to enforce custody or have him take over custody. Just be aware, if he gets custody, he can get child support from you. If he is supposed to supply medical, try to get that enforced.

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Answered on 7/07/10, 7:22 pm


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