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My question involves a child custody case from the State of: New York
My niece 16 and nefew 17 were living with their mother at their grandarents, in New York. The mother moved out and left the kids there. Does my brother, who lives in Illinois, have the right to have custody or does he have to pay child support to the grandparents?
Were Mom and Dad ever married? Were there prior court orders in place?
They never married. My brother has been paying child support.
Can he just go there and bring them home with him?
Do the grandparents have custody or guardianship through a court? If he's paying them child support, it would appear so.
I dont think the grandparents have any custody because they are still trying to get the mother to come to court to change the child support from her to her parents.
Was mom assigned full custody or is it shared? Was support court ordered or did he just decide to pay? We need to know all of the court orders in place. This is not 20 questions.
That would actually suggest that the grandparents do have at least some court-ordered custody or guardianship.
No the grandparents dont have custody or any court ordered guardianship.
You still haven't answered the question of whether there were prior court orders in place. What sort of court ordered visitation/custody rights does your brother have?
My brother has gone 2 New York and taken the kids out unsupervised. He also had the kids for a week in Illinois.
This is really getting to be like pulling teeth. Let's try one last time: WHAT DO THE COURT ORDERS SAY?
What he has done is irrelevant. We need to know what the court says he can do.
There is nothing court ordered yet. The only thing he has dealt with is now with this custody because the mother left the kids with her parents and instead of custody going to my brother now the grandparents want them. And they asked how long my brother has to pay gor them and they are money hungry just like the mother is.
If your brother has no prior court orders for visitation or custody, he has no inherent rights to the children. He's going to need an attorney, and he's going to need to file for custody in New York.
Nothing is court ordered yet.
Then he has no rights to the children and needs to consult with an attorney.
Good lord.