Legal Question in Family Law in New York
my daughter & son in law divorced last year--he in now in nys prison duing 9 years for selling drugs--in the divorce agreement they have joint custody--the prison now is 5-6 hrs away---near canadian border--he has seen is 2 children (8 & 10yr) while he was downstate but since he was transferred he has only seen them one time--he now wants to see them everyother weekend or he will stop the child support (which is being paid on his behalf by his girlfriend) that my is daughter is getting--she wants to file for sole custody--& doesn't want him or his family to influence her children--(also is brother is doing time along with him)
2 Answers from Attorneys
She can file for sole custody of the child now on the basis of changed circumstances because he is incarcerated. The child support arrears will continue to accrue, unless he files a motion to suspend or reduce the support, and the motion is granted. Either way, the fact that he is in jail does not absolve him from his duty to support his children. His voluntary act landed him in jail and the Family Court will not reward him for that. Feel free to call me at 347-286-0226, I am located on Staten Island.
I completely agree with the prior answer with the added provision that even if the divorce grounds were because of his incarceration, the change in circumstances of the location of his incarceration and the length will have a persuasive affect on the court.
If I can be of further service, please contact me at 516-746-4747 or at [email protected].
Joel R. Salinger, Esq.
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