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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 799
Experience:  7+ years of experience in divorce, custody battles and mediation.
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My ex wife was granted custodial /residence daughter

Customer Question

My ex wife was granted custodial /residence for my daughter (16 now) 4 years ago when I moved to NY state (Rochester). At the time she was married. She is now divorced and has a new bf. She moved to a new city without alerting me or the courts. She has moved in with the new boyfriend while my daughter was with me for the summer. She wants my daughter to go back to Florida for school in the new city. She travels for work 3-4 over nights per week. So my daughter would be left with the new boyfriend whom she doesn't know at all. My daughter is totally against going back to Florida and living with the new boyfriend while mom is out of town... Can my daughter live with me and my wife of 9 years in NY? Do we even have a case ?
Submitted: 1 year ago.
Category: Family Law
Expert:  originallawyer replied 1 year ago.
You do have a case, however, you will need to file the case in Florida (or wherever the initial custody case was filed). The time to do this would be now, before the school year starts, as once school begins it will be harder for her to make that transition.What your ex did is generally considered a qualified change in the status of the child, meaning you can request that a change in custody be made.http://www.flcourts.org/resources-and-services/court-improvement/family-courts/family-law-forms.stml#940 The above is a link the forms that you will need, Modification of Final Judgments | 12.993 Forms A - D