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NY_Dad · Jan 3, 2011, 01:26 PM

I have joint custody of my daughter. Residential Custody is with the mother. I pay child support to the mother as well. My daughters school has notified me that the mother no longer lives with my daughter. The daughter states she is living with her mom's friend. School says it's been like this for over a month. I see my daughter every weekend and have returned her to this residence because she goes to school in NJ. My residence is in NY. As far as I am aware the mother resides 20 miles away from my daughter and rarely even calls to check on her let alone spend time with her.

this8384 · Jan 3, 2011, 01:41 PM

Originally Posted by NY_Dad

I have joint custody of my daughter. Residential Custody is with the mother. I pay child support to the mother as well. My daughters school has notified me that the mother no longer lives with my daughter. The daughter states she is living with her mom's friend. School says it's been like this for over a month. I see my daughter every weekend and have returned her to this residence because she goes to school in NJ. My residence is in NY. As far as I am aware the mother resides 20 miles away from my daughter and rarely even calls to check on her let alone spend time with her.

There is a sticky at the top of the Family Law forum regarding abandonment, which can be read here:
https://www.askmehelpdesk.com/family...st-364259.html

If you have documentation from the school stating that the child is no longer residing with her mother and has not been for a month, I would absolutely file for a physical custody change.

NY_Dad · Jan 3, 2011, 01:49 PM

I not only have documentation I also have the Guidance Counselors ready to testify on my daughter's behalf. I thank you for your quick response. I believe I will have an emergency hearing in the next day. I was trying to get answers if I had a case

this8384 · Jan 3, 2011, 01:52 PM

Originally Posted by NY_Dad

I not only have documentation I also have the Guidance Counselors ready to testify on my daughter's behalf. I thank you for your quick response. I believe I will have an emergency hearing in the next day. I was trying to get answers if I had a case

Personally, I'd file the motion and go pick up your daughter today. The mother is not exercising her custody and you are the other parent, not her friend. Her friend has no legal right to keep the child.

Also, please use the "Answer this question" box at the bottom of the page, not the comment feature. Thanks :)

NY_Dad · Jan 3, 2011, 02:02 PM

Emergency hearing would allow court to change custody temporarily? Until a hearing is scheduled? The mother has had this occur on another instance and the court allowed her to lie her way out of it while motion was being filed.

this8384 · Jan 3, 2011, 02:07 PM

Originally Posted by NY_Dad

Emergency hearing would allow court to change custody temporarily? Until a hearing is scheduled? The mother has had this occur on another instance and the court allowed her to lie her way out of it while motion was being filed.

That's why you file first, pick up the child and go from there. If this has happened before, I'd definitely address it.

This wouldn't constitute an emergency hearing unless the child is in danger. It doesn't seem that she is, as you've been willingly leaving her at this house for the past month.

What happened the last time this happened? What did the mother "lie her way out of"?