Legal Question in Family Law in New York
child custody
i have had custody of my 2 natural children for 5 years as well as custody of my wife's daughter from another man. she got involved in drug use and i was awarded custody.now after 5 years of putting said children thru private school at my expense,with no aid or support from the mother she has filed for a modification where she wants custody. she accused my father(grandparent)of sexually molesting youngest child which is biologically not mine. my father was arrested but charges were dropped and he was released the same day when it was determined that youngest child was coached by mother into accusing him.my children are a boy 16 years old,daughter 12 years old,
2 year old daughter from common-law wife,and 8 year old stepdaughter. all children have stated to the da as well as their respective law guardians that they wish to stay with me, the father. a hearing examiner is to hear the case. my ? is what rights do i have and what are the chances of the children remaining with me given the circumstances? step daughters father doing 25-life and mother has prior arrest record as well as aggravated harrassment. please respond asap
2 Answers from Attorneys
Re: child custody
The standard is still the best interest of the
child
The court can rule any way it wishes, and can
change custody in these instances under
the guise of best interest
My real question is what does the law guardian
for the children have to report to the Court
and what does your attorney have to say
about all this, because if you do not have
one then you increase the chances of losing
1000%
Re: child custody
This is not a general question, permitting a simple answer. You pose a complicated fact pattern which requires an in-depth consultation with an experienced matrimonial attorney.
Simplistic answers here would only do you a disservice. For more information, please visit my web site:
www.BravermanLawFirm.com