Legal Question in Family Law in New York

can custody change

i am divorced &i havel sole custody of our 17 year old daughter &soon to be 14 year old son. my daughter has not spent 1 weekend with her father (it is over a year) & she has said she doesnt want to be around him & my son goes every other weekend sometimes he goes every weekend & speaks to his dad on the phone & according to his dad his son hates living with me & wants to live with his dasd & that he is the better parent he doesnt work for over 9 years & i work 2 jobs to care for my kids. he is 4 months behind on his child support throught he support unit & he takes heavy medicine morphine & valium. he is always calling his son & saying to him that he has to take an attidue with his mom not him & keeps saying so when r u going to move to move house just tell your mom you want to live with me. my son last week when i told him that i spoke to dad & you are going to his house he starting yelling saying he doenst want to go my kids see a law guardian but i feel my son is being told what to say by his dad i had to go to the nystate theroy (told me us by the court and he missed all his appts we had to do the parent classes i did he didnt he has had his lic sups so many times would the refee judge give him custody knowing this.


Asked on 5/26/07, 3:09 pm

1 Answer from Attorneys
Tracey Bloodsaw Law Office of Tracey A. Bloodsaw

Re: can custody change

There is no way to determine what the Referee would do based on this limited information. The Referee would use the best interest of the child standard. Based on that it seems as if he would have some challenges but there are other factors to consider that you have not mentioned.

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Answered on 5/29/07, 2:35 pm


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