Can I move in with my dad (who does not have custody of me) If my mom kicks me out?
4 attorney answers
If your mom "kicks you out" then you absolutely should go to your father. Your father should then contact a NY Family Law attorney for specific advice about what papers to file in which court and when. Unless there are extreme circumstances you have not mentioned, you will be able to stay with your father. No need for friends to adopt--it's very kind of them to offer, but it would not be possible until you are at least 18 and by then you wouldn't need them to try. Good luck!
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If you want to live with your dad, your dad needs to file a petition with the court to change residential custody. You don't state how old you are, but if you are a teenager, your wishes will be very strongly considered in a change of custody case. If you are 18, you can live wherever you want.
The court is not going to allow you to be adopted by a third party unless your parents' rights are terminated. Termination of rights is extremely rare and based upon severe abuse and neglect.
You should talk to your dad about your situation with your mom.
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The short answer is yes. Based on the fact that you wrote this, my assumption is that you are old enough to express your opinion regarding where you want to live. Your father should contact an attorney to discuss how to effectuate this transfer of custody in the best way possible.
I am an attorney with over a 15 years of experience in Matrimonial and Family Law with offices in Brooklyn and Manhattan. I have experience in all five boroughs as well is Nassau and Suffolk County. The opinion expressed in this ad based upon the limited information provided and do not indicate an attorney-client relationship
If you get thrown out of your residence by your mother, you should move in with your father but he must immediately notify child protective services and should file a petition in family court to change custody. He will need a court order to be safe and secure so he will not have repercussions from taking you in. It would be best if he had an attorney and that the court appoint you one as well.
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