Legal Question in Family Law in New York
Child Custody
I would like to know what has to be done to take custody of my children away from my ex-wife. I believe my children are not being raised in a good environment. Everyone tells me that it is virtually impossible for a male to gain sole custody of their children.
2 Answers from Attorneys
Re: Child Custody
Then everyone is wrong. You need to speak to an experienced matrimonial attorney.
Generally, the court will grant a modification of custody, in the best interests of the children, where there has been a substantial change in circumstances or where the chidren are being neglected or abused in the present custodial arrangement.
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Re: Child Custody
Not true - men can and do obtain custody all the time. The courts will use the "best interest of the child" test. If he believes that there are reasons to fight for custody - he would be best served by filing for change of custody and ask that a law guardian be appointed. A law guardian is appointed by the court to represent the interest of the child and will often give valuable tesimony to the court on such matters.