Legal Question in Family Law in New York

Re: Child custody issue

This is a difficult case on a number of levels. First, the pulling and pushing on your husband must be very hard for him. And also wearing YOU out. The daughter does not sound like she is a happy person either. The birth-mother may be the least upset about this new turn for the family.

What can you do? First, you are doing very well. In your email you are not denigrating or complaining about the birth-mother or the daughter, but rather looking to make the best of this chaotic situation. You sound like a strong and positive person. This situation will get better. Since the daughter is 17, she is close to reaching 18, which will be helpful.

On the legal end, your husband has the legal right to enroll his daughter in school in the school district of the birth mother. Or, if he chooses to be pro-active, enroll her in his district and require her to make the long commute each day. She may move back into your home quite soon.

My point is that, having legal custody, your husband has the legal right to enroll her in a resonable school of HIS choice. The daughter may not be enrolled in the school district of the birth mother by the birth mother, but she may be enrolled in that school by your husband. This is what the Judge assumed would happen. However, the Judge should have been more specific on this point.

You are welcome to contact me further for more assistance or just to discuss the situation.

Remember, making a marriage work is a huge challenge to every man and wife, but a second wife where the husband has teenage children from the first wife faces special challenges. The best advice my mother ever gave me was to talk with a therapist. Having someone who only paid attention to me was a big help. It really helped me understand how important and necessary I was to my wife even when she was pulled away from me by the same issues and challenges you face every day.

Good luck, and remember, as the kid gets older, it will get much easier on you.

This last part I put in all my responses, it is for you also) You are welcome to a consultation at my offices at 42 West 44th Street for no fee. Please call for an appointment first; (646) 591-5786.

Re: Child custody issue

I would need more information to properly assess the situation, and I would encourage your husband to call me or another attorney to discuss this at once.

Although the custodial parent is charged with making certain decisions, it is obviously not possible to force a seventeen year old to do certain things against his/her will. It may be the case that the best thing your husband can do for his daughter, and for his case, is to facilitate her attendance in school where she wishes, even if that means enabling her to stay with her mother.

Again, I need to know more before gving complete advice. My office number is 212-367-9167.