I'm looking to change physical I'm looking to change physical custody agreement between my daughter's mother and I. It has become abundantly clear that my daughter's mother is no longer able to properly handle the responsibilities of caring for her. I've Been Told DCF has been called numerous times in the last year to the home. My daughter is failing 3rd grade and every time I have her she begs me not to let her go home with her mother it's truly heartbreaking and concerning at this point. The only reason I haven't proceeded sooner is because I reside in Florida and my daughter and her mother reside in Schenectady New York. I'm not really sure where to start with this especially since I live 1200 miles away. If you could shine any light on how to proceed next I would greatly appreciate it.
New York would have jurisdiction. Schenectady County would be the proper venue. You would need to therefore file a custody modification petition in Schenectady County Family Court seeking primary physical custody. You would need to be prepared to prove a sufficient change of circumstances and best interest of the child warrant such a modification. These type of proceedings if contested usually require multiple court appearances. You might be able to convince the court to grant an application to appear by electronic means(Telephone) for some of the preliminary proceedings but you should be physically present for all trial dates which could be spread out over weeks or even months. I highly recommend you discuss the matter in greater detail with a family court attorney who routinely practices in Schenectady Family Court.
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You have to file for custody or a modification of custody in NY. This is a question of jurisdiction as the child resides in NY and you have not mentioned that the original order of custody was made in any state other than in NY. If the original order of custody was made in another state, you would have to file in that state but it is likely you would end up on NY anyway.
I am an attorney with over a decade 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
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