Legal Question in Family Law in New York
child custody
my ex-wife who once before filed for custody of my son, I also have a daughter, she withdrew her papers. She has two founded reports with ACS, first she hit son in the head with toy, and second while he was visiting she got drunk and took pills in his presence. She is presently in a program does not have a job, supposedly the program is to get her a job, she is behind in her child support payments, was evicted from her apartment and lives with sister. Son says he wants to live with her, his present condition is he is going to therapy once a week with me and mother. There is some alienation going on as well trying to work it out in therapy, son says he hates me and is convinced when she finishes program he is going to live with her. He is doing ok, but poor grades and acting out in school is a problem. The mother will also be receiving her portion of my retirement fund, so she thinks that she will be able to get custody of my son when she gets the money. What are her chances of getting custody? thanks
1 Answer from Attorneys
Re: child custody
Custody cases are challenging and must be decided on their unique facts. You should consult an attorney who will be able to ask the appropriate follow-up questions to the facts you have presented. Assuming for the moment that your son is relatively young, the courts may listen to his opinion, possibly in private with the Judge, but the child's opinion will not usually be controlling. In order to effectuate a change of custody, you ex-wife would have the burden of showing that a change would be in the best interests of the child. She would have to be doing well in her program, be financially responsible and present a good plan for a home life. In addition, she would have to convince the court that her situation was substantially better than the one the child was currently in. Experts may be called in to do home studies and provide testimony after talking to all the parties. It is fairly difficult to bring about a change of custody unless the child is not doing well and the party making the application can show that the situation is due to the current custodial parent and that there are facts to support her position that she can offer something better.