Q: My daughter is 18 and a custody order is in place, joint custody with final decision making to the mother. Support order is in place, father pays $2,150 to mother, health insurance for 18 year old daughter and other expenses.
Mother moved to Kansas 2 years ago and their relationship went downhill. 18 Year old daughter does not want anything to do with her mother, does not trust her and has been subjected to mental anguish for incidents like her mother having sex with her boyfriend in front of her and them calling her names for objecting to the situation.
She has moved her belongings to her grandparents house temporarily.
She has left for France to attend college and has no intention of living with her mother again and wishes to make the father the residential custodian.
What is required for this to happen? Will the father need to file for a change in support? The Custody/Support orders are long standing and issued in New York State.
Daughter wishes to reside with father when she comes to the US not mother and wishes for father to modify the support order to have mother pay support to father.
A: Yes, the father would need to file a petition to terminate support. Ultimately the daughter may need to submit an affidavit setting forth her intentions. Call a Westchester Child Support attorney for more info.