Legal Question in Family Law in New York

Change of Circumstance?

My Fiance tried to gain custody of his 5 year old son because school was starting...Mom lives 30 mins. away. He was denied because the judge didn't see any change in circumstance drastic enough to change from the 50/50 parenting they have. Mom now has no job and is consistantly missing bus or allowing child to miss school entirely. Would this be enough change of circumstance to gain custody? He isn't doing this to be mean but Mom is very neglectful and not raising child properly. Unfortunately the things that are/are not happening cannot be proven or used in court so his old lawyer advised him to wait until she screwed up the school situation. Any advice or helpful comments are appreciated, Thanks.


Asked on 10/03/07, 7:03 pm

1 Answer from Attorneys
Daniel Clement Law Offices of Daniel Clement

Re: Change of Circumstance?

Persistent absences from school could be evidence of the custodial parent's unfitness. On the other hand, there could be other reasons for the absences, i .e health issues.

Daniel Clement

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Answered on 10/03/07, 10:49 pm


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