Q: I Was tricked into going to court when I was young by my mother who never served me any papers informing me I had to attend court or even that she put in a petition of custody for my son. My mother had my son for roughly a month while I was working then the proceeding started. I did not attend after the first one because I was unaware how that process works or what was going on . My child was 2 at the time, he is now 9 years old and I unaware if the order expired. I’ve had my son for 30 days and he stated he does not want to go back there. So my question is if the order is expired can I get in trouble for not returning my son to my mother or can he stay with me until I put in a petition?
A: A custody order does not “expire” unless the order says so (which would be extremely rare with a final order of custody). You’re best advised to file a custody modification petition in Family Court. Schedule a consult with a Bronx Family Law attorney for a full assessment.