Do I have grounds for emergency hearing to keep my child in my state ?

[Bear1818]

What is the name of your state? North Carolina. Child lives in NY


My son is 7 lives in NY with custodial, I live in NC. He is currently with me for vacations. Some facts
1. My son continues to tell me he doesn’t want to go back to his mom since he gets hit almost everyday for not doing homework or if he doesn’t want to eat.
2. Every time my son comes he has about 10 spots of fungus all over. This has been the same for the past 3 years. I text My ex about it and never get a reply. I took him to the doctor once when I lived in NY and the mom never continued treatment, 3 years later still has fungus.
3. My 7 year old thinks his fungus is coming from all the cockroaches in custodial’s apt. I’m concerned if that apt is infected and don’t want him to live under that environment.
4. He is currently in special ed in NY, with little progress and I am 100% sure my son will benefit of programs here to help with his learning disabilities.
My questions is, do I have grounds for an emergency hearing to keep my son here in NC? Is this even a possibility?

 

[Just Blue]

What is the name of your state? North Carolina. Child lives in NY


My son is 7 lives in NY with custodial, I live in NC. He is currently with me for vacations. Some facts
1. My son continues to tell me he doesn’t want to go back to his mom since he gets hit almost everyday for not doing homework or if he doesn’t want to eat.
2. Every time my son comes he has about 10 spots of fungus all over. This has been the same for the past 3 years. I text My ex about it and never get a reply. I took him to the doctor once when I lived in NY and the mom never continued treatment, 3 years later still has fungus.
3. My 7 year old thinks his fungus is coming from all the cockroaches in custodial’s apt. I’m concerned if that apt is infected and don’t want him to live under that environment.
4. He is currently in special ed in NY, with little progress and I am 100% sure my son will benefit of programs here to help with his learning disabilities.
My questions is, do I have grounds for an emergency hearing to keep my son here in NC? Is this even a possibility?

No. What state has jurisdiction?

 

[Bear1818]

No. What state has jurisdiction?

New York has jurisdiction.

 

[Just Blue]

New York has jurisdiction.

Any and all court proceedings must go through NY. It would benefit your child if you were to move to his town/city.

 

[LdiJ]

What is the name of your state? North Carolina. Child lives in NY


My son is 7 lives in NY with custodial, I live in NC. He is currently with me for vacations. Some facts
1. My son continues to tell me he doesn’t want to go back to his mom since he gets hit almost everyday for not doing homework or if he doesn’t want to eat.
2. Every time my son comes he has about 10 spots of fungus all over. This has been the same for the past 3 years. I text My ex about it and never get a reply. I took him to the doctor once when I lived in NY and the mom never continued treatment, 3 years later still has fungus.
3. My 7 year old thinks his fungus is coming from all the cockroaches in custodial’s apt. I’m concerned if that apt is infected and don’t want him to live under that environment.
4. He is currently in special ed in NY, with little progress and I am 100% sure my son will benefit of programs here to help with his learning disabilities.
My questions is, do I have grounds for an emergency hearing to keep my son here in NC? Is this even a possibility?

You can certainly file for a custody change, but its highly unlikely that any judge would consider it an emergency and/or allow you to keep the child while the case is pending...and, as you were already told, NY has jurisdiction so you cannot file in NC.

 

[t74]

If you have good reason to believe he is having health problems due to the living conditions at his other home, report your concerns to CPS so they can investigate after he returns. Also alert the school nurse to check on him periodically if you are sending him back with medication that is to be continued.

 

[Bear1818]

What about my son getting hit by the custodial parent almost everyday? That’s not enough ground either ?

 

[stealth2]

What about my son getting hit by the custodial parent almost everyday? That’s not enough ground either ?

What proof do you have? Your 7yo telling you isn't going to cut it.

 

[stealth2]

ITA that it would be most helpful if you lived nearer to him.

And the level of "being hit" matters, IMO. A swat on a clothed butt or a beating that leaves marks? Have you addressed your concerns with Mom?

 

[LdiJ]

What about my son getting hit by the custodial parent almost everyday? That’s not enough ground either ?

I suspect that your son is exaggerating. Children tend to do that. They also tend to tell parents who are not living together what they think that each parent wants to hear.

 

[adjusterjack]

What about my son getting hit by the custodial parent almost everyday? That’s not enough ground either ?

It's grounds to call local CPS if your child is being physically abused.

Otherwise, the following statute answers your question:

New York Penal Law Section 35.10 - Justification;
use of physical force generally.

35.10 Justification; use of physical force generally.

The use of physical force upon another person which would otherwise
constitute an offense is justifiable and not criminal under any of the
following circumstances:

1. A parent, guardian or other person entrusted with the care and
supervision of a person under the age of twenty-one or an incompetent
person, and a teacher or other person entrusted with the care and
supervision of a person under the age of twenty-one for a special
purpose, may use physical force, but not deadly physical force, upon
such person when and to the extent that he reasonably believes it
necessary to maintain discipline or to promote the welfare of such
person.

 

[t74]

Instruct the child to report abuse to his teacher, school nurse or counselor. I would suggest an older child go to a safe place in the neighborhood, but I do not think a 7 yo could do much more than go to a neighbor who might not know what to do.