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

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. 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: Phone #: 718-208-6094 email: This answer is only for informational purposes and is not meant as legal advice.

  2. 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).

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  3. 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. We are located in West Babylon, NY and proudly offer very low rates and free consultations. For more information, please see our website: <a href="">Long Island Divorce Lawyer Louis Sternberg.</a>

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