Legal Question in Family Law in New York
child custody
A final court order was issued for joint custody between myself and my daughter's mother in Bronx, NY. I moved to Long Island and my child's mother relocated without my permission to CT. At this point the current order states that my child (7yrs old)shall reside with her mother but i am to see her alt. weekends and holidays. I see my daughter whenever her mom feels it's okay. At this time I'm very concern my daughter's mom has moved 5x's in the past 2 years. I just saw my daughter's report card and she is struggling. I jsut spoke with her teacher and she stated that she recommends that my daughter be evaluated and her mother has declined to sign the f0rms. Her teacher stated that she has missed school for the last three days and can't reach her mother and that she has also missed an additional. 8 days of school from sept'06-Nov.'06. To my knowledge she isn't physically abusive or uses drugs but she currently leaves my daughter with anyone and to me i feel having no stability is affecting her school progress Do I have a right to file a request that my child lives with me and what are my chances. I am currently married and employed. Her mother currently lives with her partner and is on Public Assistance.
1 Answer from Attorneys
Re: child custody
If you believe, that you can provide your daughter with a healthier, safer and more constructive environment, than she presently has with her mother; and your desire to have custody, is based upon your good faith and your daughter's "best interests."
It is possible, upon your proof of same, to the Court, that you will be granted custody.
However, it is always best to attempt conciliation before engaging in child custody/visitation litigation prior to filing a Petition for custody modification.
Therefore, suggest that you talk to the mother about the problems she may be having generally and specifically with your child and the school. Ask HER what she thinks needs to be done.
Who knows? You might obtain her cooperation in changing custody. If mother admits that she is presently overwhelmed by the child care responsiblity and needs a break, you could use that info in Court, to fashion a better plan for your child's care.
Good luck,
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