How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Samuel II Your Own Question
Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
Type Your Family Law Question Here...
Samuel II is online now
A new question is answered every 9 seconds

I live in New York State my child was born in NYS and has

Customer Question

I live in New York State my child was born in NYS and has lived with me all 8 years of his life. His father lives in North Carolina I allowed him to have his son every summer. He has been enrolled in school in NYS since Kindergarden that is 4 years. This
year I decided to homeschool him so I allowed him to stay two and a half weeks longer than normally. When I contacted his father about him flying home he told me he was already enrolled in school and had been for the last two weeks. And he filed for custody.
I dont understand how this is possible. When my son was enrolled in school in NYS. I spoke to my son and he wants to come home. But his father is saying no. What can I do what rights do I have?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.


This is Samuel and I will discuss this and provide you information in this regard.

You will be served with the Petition for Custody. If you do not get it, call the clerk of the court in the county where the Father lives and request they email your or mail you a copy as you have not been served yet. You will need to oppose it. If it is filed in the Father's county, you can request it be dismissed for improper jurisdiction.

Expert:  Samuel II replied 1 year ago.

If it is file in your county, because that is the child's home state, then you need to respond and opposed the custody. You should consider consulting with a local attorney to help you.

Expert:  Samuel II replied 1 year ago.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you