Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest
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I am sorry for your situation.what are my rights as his father now? Can I make application to the court to ask for residential custody to be given to me? I live in a wonderful neighborhood with a great school system and my son has expressed a desire in wanting to live with me. do I stand a chance?Yes
, but, there is no guarantee, of course.
In order to get one's petition for modification of custody approved, one needs to show two things:CHANGE OF CIRCUMSTANCE
There has to be a change in circumstances between the original time that the order was granted, and now. Braiman v. Braiman, 44 NY 2d 584 - NY: Court of Appeals 1978
. This change means something that modifies the factors that lead to her getting custody. Her relocation may qualify as this.THAT THE REQUEST IS IN THE BEST INTEREST OF THE CHILD
The modification has to be in the best interest of the child. For a detailed list of the factors considered, see here
Do you have a good chance? Yes. However, it is best to show that your would be a better custodian not only due to the school, but to household stability, financial ability, plans for the future etc - see the factors listed in the link. The more you can prove this, the better of a chance it is.
Best of luck.IMPORTANT
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