Legal Question in Family Law in New York

custody

I've been divorced 4 years and awarded sold custody of 4 children now 18, 15, 12 & 7. In the beginning of proceedings when things weren't going ex-husbands way he threatened to take kids from me and reported me for child abuse to social service....investigation concluded unfounded. After four years he will be getting 40% of marital home (difficult situation for me), and is now saying two middle children want to live with him (therefore I don't get child support for them), and is convincing oldest to not go to college anymore (lose support for him). My question would a judge who granted sole custody 4 years ago change it at this point..would he see what he was doing. The 2 middle boys don't like the fact that I am basically a parent to them and make them have curfews, study, a limit them from certain things. Arguments between us happen, but isn't that a normal thing with teens. Two middle boys called him on cell, snuck out of house and went with him without my knowledge and police had to come to home, call him and make him return them (police report was filed). Does he have any chance with this since for four years I've had sole custody and now he wants it changed.


Asked on 4/12/05, 12:12 pm

2 Answers from Attorneys
richard feldman richard d. feldman

Re: custody

While the law says that a judge should listen to the wishes of a child over 14 the Court does not have to grant those wishes the best interests of the child are always the standard used by the court. call me at 516 466 5297 for a free telephone consultation

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Answered on 4/12/05, 1:21 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: custody

Your husband is not behaving in a healthy manner and few Judges would want to give him custody.

A judge would have the right to change the custody order on petition, but you do not describe a likely situation. The wishes of the children will be heard, but not dictate to the court.

The kids would have to say something very remarkable for the judge to grant their request.

Do you have a boyfriend who spends overnight with you? Is there a school that has a special program perfectly suited to your kids near your ex?

This is the kind of thing that the kids would have to show.

You are welcome to a consultation for no fee.

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Answered on 4/12/05, 2:28 pm


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