Non Custodial Parents Now Living with Child and Wants Physical Custody

My question involves a child custody case from the State of: New York

Hello, My son's mother and I were in court and had an order back when my son was about 3 or 4. My son's mother and I were never married.

My order is for my son to lives with his mother and i am supposed to have him every other weekend. My son is 14 now, and through out the years I have always have him for summer, winter break, and pretty much whenever he has a break. As my son gotten older i communicate less with his mother. I would arrange to pick him up and for him to let his mother know.

Since this Sept, he came to live with me and my wife and started going to school where we lived. His mother moved out of state at the same time. I am not sure what her situation is. According to my son she has her own apartment and supposed to be working in that state. (but i have no way to verify that) I want to see about stop paying her child support because my son doesnt live with her anymore. I don't expect to get any cooperation from her, my question is, can i file for a modification on the custody order my myself? what if she does not show up as she already moved out of state?

i should also note that my son is kinda of going to a rebel stage because he does not like his new school and he also does not want to move to the other state with his mother. Ultimately he wants to stay with his aunt or grandmother (from his mom's side of the family), in the city that he grew up in. I will not voluntarily agree for him to stay with his aunt /grandmother. nor would i agree for him to move out of state with his mother.

At this point I'm just not sure what to do first. please advise. any comment would help. thanks

Yes, you can file to modify both custody and child support (but in different motions).

You can also file to receive child support from Mom.

If you don't agree to your son living elsewhere, this is completely under your control; while I appreciate that teens sometimes have very strong feelings about such things he has to understand that this is not his decision and that's it.

To modify child support: http://www.nycourts.gov/forms/family...dsupport.shtml

And to modify custody: http://www.nycourts.gov/forms/family...sitation.shtml