Q: I have a support & custody case in SC and live in NY. The CS was transferred to NY. Can I do the same for custody?
I was never married to the dad of my child. The relationship became abusive, I fled while pregnant. We have been in court for 5-6 years. I have taken drug tests, all negative. I send gifts but because of unfounded allegations (I have documentation from local agencies and CPS that prove I am innocent) I was told no contact until tests showing no drugs were given. I provided them every few months, now one or more are inexplicably missing. The case starts not being reached and goes on for years. I’m working class so I spent what money I had on lawyers and not CS. The money owed and the CS case was transferred to my state of NY. Can the same be done for custody? It’s very hard to fight in my case several states away while going to school and working. Do I have an option to get the custody case here? I documented the abuse from my ex and he refuses to let me see our child and rarely sends updates. We have split legal and he never tells or asks anything, I’m on my 2nd lawyer.
A: The jurisdictional law is different for child custody versus child support cases. As a general rule, the "home state" of the child (i.e., where the child has resided for the 6 months immediately preceding the case) is where the custody litigation will need to take place. For a full assessment, contact a Bronx Family Law Attorney to schedule a consultation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
