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    NYFL290's Avatar
    NYFL290 Posts: 2, Reputation: 1
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    #1

    Mar 31, 2009, 11:21 AM
    Changing child custody
    When we divorced 11 years we got a joint custody of our child ,my wife got a physical custody though. She immideately re-married and has two more kids from her second marriage. They live in FL, I live in NY. I also eventually re-married, no kids. My son is 14 now. Everything was fine up until last year. My son started to complain about emotional abuse. He does not want to live with my wife family anymore. What can I do and do I have chances?
    Justwantfair's Avatar
    Justwantfair Posts: 3,422, Reputation: 944
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    #2

    Mar 31, 2009, 11:24 AM

    You have to file for a modification of custody in the child's jurisdiction (where the child's physical address is) and have your case evaluated by a member on behalf of the court.

    Teenagers often have there emotions running in overdrive and can be overly sensitive to situations. The judge may take your son's request into consideration in a redetermination. I would seek out a family law attorney if you wish to pursue this issue.
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #3

    Mar 31, 2009, 09:38 PM

    If your child custody orders arise out of NY (if you were divorced there) and you still reside in NY, you must file your request to modify child custody in NY, NOT FL. It is NOT the "child's physical address" that determines the situs for filing the modification motion. If your divorce decree (and custody orders) are from some other state, it may be that you have to file in FL.
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