Must you file for child custody in the county where the child lives?

The child has lived in the same county for 5 years.

Asked on July 15, 2012 under Family Law, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally speaking, yes, a custody proceeding is filed in the county in the state in which the child resides or the custodial parent resides.  Now, If you live in NYC you can file a petition in the family court in your home county and then if the non-custoduial respondent lives elsewhere, the petition will be forwarded - in state or out of state  - under the Uniform Interstate Family Support Act (UIFSA).  Please seek help.  Good luck.

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