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Residential custody?

Q: My son’s mother is relocating to Florida and my son wishes to remain in NY. I am applying for a change in residential custody. Can that be denied to me if she chooses to make her 21 year old the custodian so she can continue to receive child support? Or do my rights supercede her wishes?

A: David’s Answer: I wouldn’t think the child living withthe 21yo would be in the child’s best interests. That said, of course, there are many factors which go into a custody case, so I also can’t say without a full assessment whether the Judge would grant you custody in the alternative. Call a Bronx Child Custody attorney to schedule a consult. 

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