Legal Question in Family Law in New York

I am 16, and live in New York. I will be turning 17 in july, so I only have roughly a year and a half before I am no longer a minor. I understand New York does not have emancapation rules. I currently live with my mother, who emotionally and occasionally physically abuses me. There have been several social worker cases regarding my home throughout the years. Recently I've been in contact with my father, he has been on and off again present in my life. He has not paid child support in quite sometime, but legally standing, there has not been a custody battle between him and my mother that gives her sole custody. If I were to move in with him, what could my mother do to try and take me back? And legal advice or where I or her stand would be grateful.


Asked on 12/23/13, 4:23 pm

1 Answer from Attorneys
Paula McGill Attorney at Law

If your father wants to take custody of you, he needs to file a petition to do so. Your father may want to consult with an attorney regarding his rights. However, just moving in without a court order may create problems for him, inlcuding a charge of parental inteference.

Also licensed in New York.

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Answered on 12/26/13, 6:37 am


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