Question:
My ex-husband and I have joint custody of our 12 year old son. I live in Virginia and my ex husband lives in Upstate NY. We’ve always maintained joint custody with myself as the primary custodian. Last year my son wanted to live up in NY with his dad which I had no problem with so we went to court in Virginia to have the paperwork changed to make him the primary custodian. Six months later I received notice that the court case was being moved to NY.
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My ex-husband is also in the Navy and is now under orders to come back to Virginia. I expected that our son would come back with him, but he says our son will remain in NY with his step-mother. Now, my son says he doesn’t want to leave his new friends. Do I have any rights to get him back if his father is no longer in NY, what are my chances?
Answer:
Because your son has lived in NY for more than six months, the NY Court has jurisdiction on the custody case. Thus, you would have to address this issue in NY. As to custody, while a 12 year old has some say in who he wants to reside with, that is between the parents – not a parent and a step parent.
How long will your ex-husband be in Virginia – i.e. is this a permanent move? If yes, I would recommend that you immediately consult with a NY attorney to determine how to best pursue an application to have residential custody modified and your son moved back to Virginia.
This legal question was provided by a Avvo and answered by Jean Mahserjian an experienced New York Child Custody Attorney. This does not consent an attorney client relationship.
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