Wednesday, November 27, 2013

Where should I pursue custody modification?

Q:  I live in New York. Joint custody of son (15) under Forsyth County, GA order. Mother is primary custodian, lives in Athens, GA. I am fully compliant with court ordered alimony and child support. Son/mother fighting constantly and it is escalating. Due to recent fight, mother demanded I get a plane ticket and bring son to NY for a month to cool off, he is currently with me. Last fight mom got physical. Son does not want to go back to mother, says he does not feel safe. I want to put him into school in NY but need custody to do so. I don't want to drag ex through mud or tarnish her rep. But mother and son do not get along, there is emotional trouble/abuse on both sides. I don't believe she will voluntarily relinquish primary custody.

A: David's Answer:  There is an arguable exception to the jurisdictional statute for emergency domestic violence filings, but more detail would be needed to assess whether you qualify. Otherwise you would most likely need to file for the custody modification in Georgia. -- David Bliven, Bronx Child Custody attorney (

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