Can the custodial parent move out of the state and leave the children with a step parent?
Question:
The custodial parent (mother) changed her residents from NYS to Florida, but did not bring the children. She left them in NYS with the step father, the paternal father was never notified of this, and paid child support for 2 children the whole time. Is this against the law?
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Answer:
How did the paternal father not know where the mother was for two years? If the custodial mother and the stepfather remain married, it is quite likely that child support was used to support the household that the children lived in. If the mother simply left, I would ask my question again – how did the paternal father not know? And, why did the stepfather keep the children? And, who received the support money? The paternal father can go to Family Court and file a petition to modify custody based on what has happened. But, I would first recommend consulting with an attorney to make sure that all of the facts are explored and discussed prior to filing. If the paternal father is awarded custody, then child support can be addressed.
This legal question was provided by Avvo and answered by Jean Mahserjian, one of our experienced Albany Attorneys handling child support matters. This does not consent an attorney client relationship.
