If I begin a divorce in New York, can I start a new custody battle? 2 Answers as of March 08, 2011I am the mother of a nine year old boy. My husband resides here in ny and shares partial custody with his mother, who lives in Georgia and who holds physical custody. That custody case was moved and then settled in Ga courts. I do not have any custody rights. If I sue my husband for divorce in NY, can I also start a new custody battle?
Theodore W. Robinson, P.C. | Theodore W. Robinson
Yes, you can start a new custody case here in NY, however, you must first live here for six months to start any type of action regarding custody or visitation. In order to actually have a chance to change custody, you are going to have to show some substantial change of circumstances to the court whether in NY or GA.
Answer Applies to: New York