Legal Question in Family Law in New York
Physical custody of child
How long does a child have to live with a parent before that state is considered her legal address? Or..it doesn't matter I should petition the court for a change in custody?
Asked on 1/30/09, 2:03 pm
1 Answer from Attorneys
jeffrey lazroe
Jeffrey A. Lazroe attorney at law
Re: Physical custody of child
Under the uniform rules and the interstate compact if a child lives in another state for 6 months that other state is considered the childs domicile and an action for a change of custody can be brought in that other state.
A court order granting custody can only be changed by that court or another court. That 6 month rule gives an advantage to the parent who has the child in their state for 6 months.
If you need any further information, please feel free to contact me.
Answered on 2/03/09, 11:15 am
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