WHERE DO I FILE FOR CUSTODY IN NEW YORK OR IN PENNA WHERE I LIVE

[Hassan59]

WHERE DO I GO FROM HERE...

I WOULD LIKE TO GET JOINT CUSTODY OF MY TWO CHILDREN WHICH LIVES IN NEW YORK. THEY WERE LIVING WITH ME ALL OF 2010 TO 2/2011. MY QUESTION IS WHERE TO FILE FOR CUSTODY IN NEW YORK OR IN PENNA WHERE I LIVE. AND HOW DO I GET MY CHILD SUPPORT PAYMENT LOWER BECAUSE WHAT THEY ARE ASKING FOR LEAVES ME LITTLE TO LIVE ON WERE ITS HARD TO PAY MY OWN BILLS. I CAN'NT AFFORD A LAWYER THANKS TO THEM AND I MAKE TO MUCH TO FOR LEGAL SERVICE I'M OVER THE GUIDE LINE. PLEASE HELP.

[Lexus]

First of all let me remind you that, both the parents have equal rights on their children. It seems that if you want joint custody you have to file the petition for custody in New York where the children live. In custody petitions court will always consider the ‘best interest’ of the child. So you have to convince the court that you are petitioning for joint custody in the best interest of the children. If the court finds that your request is genuine, court may pass appropriate orders on your petition. You can file a modification petition before the court stating the reason why you want to reduce child support payment. You will have to submit cogent and convincing reason before the court for getting the child support lowered. You can represent your case as party in person or you may seek the help of legal aid /bar association in your county they will provide the service of an Attorney

[Friend In Court]

Originally Posted by Hassan59 WHERE DO I GO FROM HERE... I WOULD LIKE TO GET JOINT CUSTODY OF MY TWO CHILDREN WHICH LIVES IN NEW YORK. THEY WERE LIVING WITH ME ALL OF 2010 TO 2/2011. MY QUESTION IS WHERE TO FILE FOR CUSTODY IN NEW YORK OR IN PENNA WHERE I LIVE. AND HOW DO I GET MY CHILD SUPPORT PAYMENT LOWER BECAUSE WHAT THEY ARE ASKING FOR LEAVES ME LITTLE TO LIVE ON WERE ITS HARD TO PAY MY OWN BILLS. I CAN'NT AFFORD A LAWYER THANKS TO THEM AND I MAKE TO MUCH TO FOR LEGAL SERVICE I'M OVER THE GUIDE LINE. PLEASE HELP.

The UCCJA, Uniform Child Custody Jurisdiction Act determined where custody modifications will be heard. The Act provides the proceedings be held in the child's home state, filed where the child has been residing for at least the six preceeding months -- where there is the most information about the child's care, it has the most contacts, etc.

Once a court makes a custody decree it retains jurisdiction until the child is of age or another state (per the UCCJA) is a more appropriate forum. If the children lived with you the past two years, Pennsylvania might be the proper forum for there would be more information there and they have been in NY less than six months. If so you would file for a modification in PA and the courts will then communicate and decide between themselves which is the more appropriate forum. Otherwise the proceedings will be heard in NY if that is where the original decree was made.

As to modifying custody or support there must be a change of circumstances. For having lived with you most of the past two years you could argue that the children's welfare would be best served by being with you; bond with parent, connections with school, friends, stability, etc. As to support, both states have support schedules and/or guidelines which should be available online. *If income has changed or the needs of the children, you can present that evidence with financial statements ordered from both parents.

It is always best to have a lawyer in such important proceedings. If legal aid cannot help you can contact your state's bar association to see if perchance they have a pro bono panel that might. Good luck to you.