Legal Question in Family Law in New York

Switching Physical Custody

I have a daughter that is 14 years old. She and her mother can't seem to get along. She moved in with me about 4 weeks ago. I would like to get the physical custody changed to my residence so that I can also have support stopped. She would like to stay continue to live with me.


Asked on 3/31/08, 11:18 am

1 Answer from Attorneys

Bunji Fromartz Fromartz Law Offices

Re: Switching Physical Custody

Without more facts I cannot give an opinion on the merits of what you want but in general: If she is over 14 she can pretty much decide where to live. You should bring petitions immediately in family court to get custody and change the child support payments. Keep paying support until the court changes the custody. Make sure she stays in school and does well, keep abreast of her schooling and keep contact with her teachers about progress, make sure she has no late nights out and acts properly and with good sense, as these are all important factors in determining custody. You should note that such cases in NYC can take a year or longer.

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Answered on 3/31/08, 12:40 pm


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