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If my child is not living with her father, who has custody while she is in school, can I get custody back?

Hamburg, NY |

Back in November, a court order was signed by the judge stating that we are to have joint legal custody of my child and that she is to reside with her father in New York. Since this, he has pulled her out of school without telling me until after the fact, and she has moved in with her ex step mother. Also, the court order says that I am to have my daughter fly back to New York out of either Chicago or St. Louis when they clearly knew I got stationed in Marquette, MI. Because of this, I am missing out on visitation because I cannot afford the additional flight costs and taking off work. I told my attorney and the GAL that she no longer lives with her father and that I am missing visitation because of all of this. Can this be changed? Can I win my daughter back and what are my rights?

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Attorney answers 2


You can file a peition for custody based upon the changed circumstances. The outcome will be based upon the child's best interests. You don't mention the child's age and that is an important part of the decision. You can also ask for the order to be modified based upon your current residence.

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If you are now stationed in Marquette, MI, and can no longer abide by the court order relative to you parenting time, then you should file a modification petition seeking to change the parenting schedule so that you can see your daughter. If the child no longer lives with the father, then clearly you should file a petition asking for custody. Whether you can actually get custody and relocate your daughter will depend on the totally of all the facts and what is best for your daughter.