Can the custodial parent be changed once the child turns 18 in New York State?

Asked over 1 year ago - Syracuse, NY

My 19 year old son currently lives with me and I am the custodial parent but his mother has offered him a car if he moves in with her and attends college and is taking me to court to pay child support for him. Can she do this?

Attorney answers (3)

  1. Jack Richard Lebowitz

    Pro

    Contributor Level 18

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    Answered . Perhaps. Child custody jurisdiction expires at age 18. Child support jurisdiction expires at age 21 or "emancipation" of the child (attending college is not emancipation, even if away from home). So, if the child lives with her, you could be a non-custodial parent liable for support if a support or support modification petition is brought in Family Court. Is there currently a support order requiring the mother to pay you child support? (Just curious).

    This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states... more
  2. Howard A. Schwartz

    Contributor Level 20

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    Answered . She can petition the court for custody. If there is no agreement between the parties the court will have to decide what is in the best interest of the child.

    I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094... more
  3. Louis Lawrence Sternberg

    Contributor Level 18

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    Answered . At age 19, the child can choose who he or she wants to live with. The court cannot order that one parent has custody for a child of that age.

    Child support, in NY, generally goes until the child reaches age 21. Whichever parent the child is living with can petition for child support from the non-custodial parent.

    It is always advisable to contact an attorney. For a consultation, please contact our office at 516-669-3295.... more

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