Woodhull, NY asked in Child Custody and Family Law for New York

Q: Where do I file for modification on custody order?

Me and the father of my child have joint custody. Placement was with me here in NY but changed in August cause she wanted to move in with him in WV. Now she is wanting to move back with me but I'm not sure where to file. NY or WV, cause they are both telling me to filed in other state. The original order is filed in NY. As far as I know WV doesn't have it on file caus nothing has been changed. She's 17 and wanting to move ASAP but we are afraid he's going to drag this out and by the time we go to court she'll be 18.

Update!! We still have joint custody but he now has placement. NY court house is telling me I have to file in WV for modification cause she has lived there for over 6 months. Where do I need to file and can I go get her to live back here in NY?

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1 Lawyer Answer
Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Divorce Lawyer
  • Garden City, NY
  • Licensed in New York

A: You have not indicated that the original order was modified to give the father custody. If there was no modification, nothing needs to be done. If there was a modification, as long as the original order was from NY and the modification was done in NY, NY has jurisdiction and you can file in NY. Once your child reaches the age of 18, the courts no longer have jurisdiction over custody matters involving your daughter and she can do what she wants.

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