Legal Question in Family Law in New York

My divorce had finalized last March. My ex is the custodian parent since during the divorce my daughter choose to live with him, however....... a few monthes after the divorce my daughter decided to live with me, it's been 7monthes now...

My question is that, how do I go about changing the custodian status, also he's in contemp of court for several things ..ie.. neglate to provide child health insurance, responsiable to pay off debt which says in the divorce decreed and never did.....

Please help

T. Wang


Asked on 11/16/09, 1:54 pm

2 Answers from Attorneys
Joel Salinger Law Office of Joel R. Salinger

Bring an action in Family Court. First a change in custody, second a modification of child support and lastly a contempt action for failure to follow the stipulation of settlement or judgment of divorce.

You should consider the assistance of an attorney.

If you would like to discuss this further, you can contact me at [email protected] or 516.746.4747.

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Answered on 11/22/09, 10:59 am
Michael Markowitz Michael A. Markowitz, PC

I agree with Joel except you cannot bring a contempt charge on the debt issue in Family Court. The Court would have no jurisdiction on that particular issue. You would have to bring an enforcement proceeding in Supreme Court.

Mike.

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Answered on 11/22/09, 1:27 pm


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