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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23465
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My daughter is 14 years old and no longer wants to reside

Customer Question

hi my daughter is 14 years old and no longer wants to reside with her dad rehab current joint custody 50/50 child support was waived on both sides and there is no residential custodian. My child would like to come to live with me and going to my school district and see her dad every other weekend. She is not agreeable to this. She feels emotionally abandon and rejected and it is definitely affecting her Mental Health and there is a counselor. I do not currently have a lawyer so I was going to do everything on my own do you have any advice
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: New York
JA: Have you talked to a laywer yet?
Customer: No...i have not. I have considered a law guardian?my funds are is something she wants..if she refuses to go back to him then what happens?
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes that ultimately this is coming from my child and not really my battle I'm just trying to support her wishes which I think are valid
Submitted: 1 month ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 month ago.

I certainly understand the situation and your concern. Yes, you can do this on your own and I have provided a link below, that you can use. The most important thing for you to know, is that you will have to show it is in the best interest of your daughter, to have custody modified and to have her live with you full time. You do want to gather evidence to show and support what is happening with the father and why he should only have visitation, not custody. To change a custody or visitation order that is already in place, you need to file a petition to modify (change) the order at the courthouse that originally issued the order. Generally, for a judge to change your custody or visitation order, you need to show that there has been a substantial (significant) change in circumstances since the final order was made and that your proposed change would be in the best interest of your child. To begin the process of changing your custody order, you will need to fill out the forms for a “Petition for Modification of an Order of Custody/Visitation.” You can get the forms in the courthouse or you can file a custody or visitation modification petition online through the NY Courts website.

Expert:  FamilyAnswer replied 1 month ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  FamilyAnswer replied 1 month ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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