Change of child custody

[Yurgee]

What is the name of your state? NY

I was divorced about six years ago and have two children with my ex-wife. She has had physical custody and I have had liberal visitation includng court ordered every other weekend visitation. I pay weekly child support and everything to date has worked well.

My older son (18 yrs old college student) has been having some disagreements with my ex and has decided to move in with me. In NY I would have to pay child support until he is 21 and my divorce agreement states either 22 or 23 if in college.

Can I file for a custody change, child support modification, and for child support without going through an attorney? If so, can you direct me to a web site that would have the paperwork?

 

[GrowUp!]

What is the name of your state? NY

I was divorced about six years ago and have two children with my ex-wife. She has had physical custody and I have had liberal visitation includng court ordered every other weekend visitation. I pay weekly child support and everything to date has worked well.

My older son (18 yrs old college student) has been having some disagreements with my ex and has decided to move in with me. In NY I would have to pay child support until he is 21 and my divorce agreement states either 22 or 23 if in college.

Can I file for a custody change, child support modification, and for child support without going through an attorney? If so, can you direct me to a web site that would have the paperwork?

Yes, you can do this pro se. Standby for those who are more knowledgeable about NY statutes/procedures firsthand.

 

[LdiJ]

Actually, it would be best if he consults with an NY attorney. The custody portion of things could be much trickier since he is 19.

If the judge is able to order custody of a 19 year old, then mom's custody order still stands and the child can't just move in with dad because he wants to. If the judge isn't able to order custody of a 19 year old then dad can't get custody, therefore may not be able to get child support.

However, he can certainly modify the child support order so that the 19 year old is no longer included.

 

[BL]

For all intensive purposes the 18 yr. old is free to move where ever they wish as an adult .

For child support the order is clear , about support , plus the other child still is with the mother .

I agree a consult with a Family Law Attorney would be in order .