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Custody modification

Q: I need to filed an immediate modification to prevent my ex from relocating my son out of state (Florida) without my consent. The order is in Westchester but she moved to the Bronx 4 years ago. Can I still file this modification in Westchester or do I have to start all over in the Bronx? She never moved the case to the Bronx and kept the support order in Westchester as well.

A: David’s Answer: If you continue to reside in Westchester, then generally you can file in Westchester, Usually venue tracks the jurisdictional language, such that so long as 1 parent remains residing in the original issuing county, that county presumptively retains continuing venue authority to issue modification/enforcement decrees. Call a Bronx Child Custody attorney for a full assessment. 

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