Legal Question in Family Law in New York

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.