Legal Question in Family Law in New York

change of circumstances in custody

After a divorce hearing which I was never informed of my ex was given custody of our two children. The family court upheld this matter because it was a lower court and claimed to not be able to over rule the descision. Since this time about 3 1/2 yrs ago, the children have steadily spent more and more time with my fiance and myself. The children have lived with us for the past two years, my oldest child has spent the most time with us, while the younger has spent a considerable amount of time between our home and their grandmothers house. The mother does not spend much time with the children when she has them and now she is planning on taking the children to Maryland to live and I don't know what my legal options are. We have been paying support this whole time and have recently rearranged our work lives so that more time could be spent with the children at home....I'm at my wits end....Help Please!!


Asked on 10/27/03, 10:36 am

2 Answers from Attorneys
Lorraine Ahlers-Mack Law Offices of L.Ahlers-Mack

Re: change of circumstances in custody

Did the family court order visitation? If so your former spouse cannot take the children out of the state without your permission or an order of the court. Be very proactive by petitioning for a modification of both custody and support based upon the increasing amount of time the children have spent with you. If you wish to discuss the matter you may call me.

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Answered on 10/28/03, 2:22 am
Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: change of circumstances in custody

PREPARE YOUR EVIDENCE FIRST. It will be necessary for you to learn how to collect important evidence to protect yourself, even at this stage of the proceedings - and you must act quickly for that evidence to be effective. You can take advantage of our FREE CONSULTATION to get a general idea as to what you should be doing and to get a better understanding of the process.

You can be successful in establishing a change of circumstances by providing EVIDENCE to the court of the mother's virtual abandonment of the child and use of the child support money for herself. However, to be successful you must be extremely diligent in the preparation of the evidence before you go to court. Our firm is available to handle such matters.

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Answered on 10/27/03, 11:02 am


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