Wednesday, May 22, 2013

Can I get custody of my son back from my mother if she is back with an abusive ex husband who is wanted for domestic violence?

Q: My mother has custody of my son and she refuses to give him back to me. I gave her custody voluntary when I was looking for a bigger place for my son. She was not with her abusive ex husband at the time because she had left him. They have had domestic violence issues for over 10 years. Now she took him back and moved to Georgia from New York because he is wanted in New York for domestic violence against her. She moved so that he wouldn't be found and arrested. My son and her other small children live with her and I just want custody of my son back. I didn't have a visitation order but I saw my son every week while he was in New York. Now she won't even let us speak everyday. She doesn't work and is on welfare with 10 people living in her household. I work and just got a two bedroom apt.

A: David's Answer: I disagree that merely because your Mother's moved to Georgia that New York may no longer have jurisdiction. If there was a prior custody order issued by NY, then NY would generally retain "continuing exclusive jurisdiction" over any application to modify the prior order. As such, if you want custody back, you should file a petition as soon as possible for custody - the longer you wait, the more likely it'll be that a Judge feels you acquiesced to the move. -- David Bliven, Bronx Child Custody attorney (

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