Havertown, PA asked in Family Law and Child Custody for New York

Q: my 15 year old son was living with his dad, last week they got into a fight and he kicked him out. He is now living

with me, and his dad is refusing to give him his clothes/sneakers, we are in NY is this legal?

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1 Lawyer Answer
Christopher N. Luhn
Christopher N. Luhn
Answered
  • Mechanicville, NY
  • Licensed in New York

A: Is there an existing Order (Family Court, or Supreme Court Judgment of Divorce) that gave dad primary custody? If so, you should bring a petition in Family Court to MODIFY an existing/previously issued Order (you'll need to attach a copy of the existing Order if you have it). If there is NO Order, you can bring a petition for Custody/Visitation. In either case, I'd bring it by Order to Show Cause and ask for a Temporary Order of primary custody and an Order directing dad to hand-over the clothes, etc. There are other factors (for instance: are you and dad in the same school district?) that will have to be addressed, including child support, but the initial concern is getting you custody. You need to consult an experienced Family Law attorney. Good luck.

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