[hostigechild]

I have a son that I have joint custody/visitations that I exercise to there very limits to see my son. The mother has primary physical custody of our son. My son does not live with his mother and has not for over a year now even though she has a apartment. My son is living with his godmother. My son is eleven and has not spent more then one night at any given time and has only been to the mothers apartment twice in the last year. We live in upstate NY. I pay child support regularly. I want to get primary physical custody of our son. To give him a home with a parent. I want his mother to have visitations and see her son more. But more important I want my son to have a home where he should.

[ScottGem]

So, you go back to court and petition for a modification of the custody order. Assuming you can prove the child has not lived in his mother's household for a year, you stand a good chance of getting the modification.

[J_9]

I agree with Scott. The mother is also in contempt of court as the child is not living with her and she is receiving the child support. This should entitle you to an emergency hearing.

[AK lawyer]

I disagree with J 9. It's not contempt of court for the custodial parent to delegate her physical custody to another person. And there is no emergency.

[J_9]

And I disagree with you AK. My ex husband was held in contempt of court for the same thing, I received an emergency hearing and got custody.

the custodial parent to delegate her physical custody to another person.

Not without agreement from the non-custodial parent, or through the court system.