Legal Question in Family Law in New York
Custody and Support
I was a teen mother who agreed to give custody to the father until I graduated college. I've done that & made a better life.Ive always paid support& been very close to her. Now my 11yr old is unhappy living w/ her father,his girlfriend & 2 siblings.Theres constant fighting,she gets depressed @ thought of going home,they feed her fastfood everyday,unable to help w/ homework & allow her to vegetate in front of TV, her father no longer understands her needs.He agreed (in an email)she should live with me. After I purchased a 2 bdrm apartment for us, directly across the street from a school,her father changed his mind & plans to fight it out.The child wants to be w/ me, as we are closer & she has expressed that. I live 60 miles from her current residence, but my school district fits her needs better.He claims b/c his girlfriend can stay home to watch her, its best she stay there. My Aunt has agreed to provide care for me until I get home at 6pm. My daughter is very mature, her reasons seem valid but Im concerned I wont gain custody b/c a Judge might not want her to change districts & b/c her siblings are there. He badmouths me to her & doesnt respect me as a parent. In your opinion, do I have a chance of gaining custody?
2 Answers from Attorneys
Re: Custody and Support
You have a sophisticated understanding of the factors that will go into a change in custody and, yes, you do have an excellent chance of success.
1. The child's preference at age 11 is a factor in your favor.
2. Do not underestimate the significance of the original agreement.
3. The badmouthing (alienation) is important.
4. The fast food and TV will, unfortunately, not have an impact.
You are welcome to a consultation for no fee. Email is best to make an appointment.
Re: Custody and Support
At this point in her life, your daughter will have a significant say in her residence. It appears as though you have your ducks in a row. What is in her best interests depends on many factors - her opinion is a heavy one. I think you have more than a fighting chance. timing is right as well as it is the end of the school year and you want to get going before the beginning of the new school year. These actions if fought out, take time. Please feel to contact me, my firm does mostly Matrimonial and Family Law - five one six, two four eight, four thousand.
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