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Roger, Attorney
Category: Family Law
Satisfied Customers: 31672
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I live in Tennessee and my nephew lives in NY and he is in a

Customer Question

i live in Tennessee and my nephew lives in NY and he is in a foster home can i get a petition to transfer him to Tennessee to get custody since the law is different
JA: Have you talked to a lawyer yet?
Customer: not yet I am trying to find a lawyer there is a deadline. My brother can't take of him and the state wants to finalize taking away my brother's parental rights and send him to adoption
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: My nephew lives in New York but I live in Tennessee.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just really need advice how to about getting my nephew even though I live in Tennessee
Submitted: 1 month ago.
Category: Family Law
Expert:  Roger replied 1 month ago.

HI - my name is ***** ***** I'm licensed in Tennessee. I'll be glad to assist.

If your nephew lives in NY, the law of that state will apply because it is the only state that has jurisdiction over the child. Therefore, you would have to pursue obtaining custody of him through the state of NY.

Expert:  Roger replied 1 month ago.

However, the NY court can grant custody to you even though you're out of state.....and you can coordinate with your local CPS office and the similar authorities in NY state for as long as they want to keep a case open.

Expert:  Roger replied 1 month ago.

The court's main issue would be the distance between you and the parents of the child.......which would make it difficult -- if not impossible -- to maintain reasonable visitation between the child and parents. But that may not be a huge concern given that adoption and terminating parental rights is being discussed.

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