Saturday, December 13, 2014

Can I modify a child custody order

Q:  I gave custody of my then 16.5 years old son to my sister in Dec. 2012. At the time she was financially stable. Now she's on welfare, my son's grades are declining, he's suppose to apply for college a couple of months ago. .she's helped him with nothing. I'm paying $730 monthly in child support. She's only getting $100 monthly, and doesn't have money to help support my son. He couldn't come home for thanksgiving because she didn't have carefare and her tires are not equipped for the snow, and she has no money to get new ones. There's no supervision, she leaves for 4 days at a time, my son eats fast food everyday. He needs glasses for months now. He will be 18 in 3 weeks, he wants to stay with her because there's no structure. Do I have grounds to modify the custody order?

A:  David's Answer:  No, because by the time the case has a scheduled court date, he'll be 18 & the court loses jurisdiction over custody issues at age 18. For more info, schedule a consult with a Bronx Child Custody attorney.  -- David Bliven, Bronx Child Custody attorney (

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