Legal Question in Family Law in New York

Custody

My case involves custody. I am the sole custodian of my 2 children from my previous marrage. My ex after 5 years of divorce is asking for full custody being that I relocated a few times in and out of state. I am now here in NY due to emergency situatuations with my third daughter, so i brought along my family, until the baby is done with her surgeries. Well when I mentioned to my ex that we where done and that I am going back home, he threaten to take me to court and fight for cusotdy of my 2 older daughters beacause of in-stability. I dont want him to take my kids from me. I dont know what to do. Can he take away my kids because we came back and fourth from Florida to NY? PLease HELP!!


Asked on 3/01/08, 8:20 pm

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Custody

He can try. On the other hand, the emotional support that the older siblings give to their younger sibling is also important to both the baby and the older kids.

It would be wise to speak to a family law attorney however in the meantime, you do need to try to stablize the situation.

I would point out that frequent moving, while not optimal, is not necessarily not in the best interest of the children. Military families move frequently yet I doubt anyone would argue that their moving is not in their best interest.

Good Luck

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Answered on 3/03/08, 9:39 am


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