Russellville, KY asked in Child Custody and Family Law for New York

Q: I have my son for a visit but it is outside of our custody agreement and my son refused to get on the plane to return

Home. Stated he wants to live with and has told his father and the father refuses to talk to me. My son is 15 and is going to be 16 in august what should I do I don’t want to get me or my son in any trouble but I can’t force him to get on a plane. I live in Kentucky his father is in New York

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1 Lawyer Answer
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Schenectady, NY
  • Licensed in New York

A: We here cannot provide specific legal advice to an anonymous asker. Her question has to do with how to react to a factual situation when an order is the governing outcome producer. The correct answer that is not legal advice is to simply follow the order.

However, as an educational point, New York's general rule is that a child votes with his feet, which means an order can become obsolete in New York, and the child can remain where is, as is. The parent would then for a modification of that order.

However, the danger is that the other parent can file for a violation of the custody order. With the very high variation of mindsets among the state's judiciary, one never knows whether one will win or go to jail.

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