Legal Question in Family Law in New York
My ex-wife is looking to modify our current custody agreement. We live in NY. Our current agreement is joint custody with our child. In our current agreement is shows that he will be going to school where I live. She lives in a nearby town and wants primary placement so that her other child and our child can go to school together and have more stability for our son. After our divorce she re-married and had a child with him and divorced him. She has had 5 or 6 different living residences and 4 different jobs within the three years since my son was born. She is currently living with a new boyfriend that was recently on trial for abusing a different girl. I have owned my home since our son was born three years ago. I have had the same job since april of '07. Any ideas to help me win my case? And do I have anything to worry about?
2 Answers from Attorneys
I assume when you use the phrase "joint custody" you mean "joint legal and joint residential custody" for the purposes of this response. If your wife wishes to modify your current custody arrangement, which I assume was court ordered, she will have to show a significant change in circumstances and then that it is in the best interests of your child to change schools. It sounds from your description of her life over the past few years that she has lived nomadically and has not had much stability. I think these issues would make it hard for her to convince a court that it was in the best interests of the child to change schools, assuming she could prove some significant change in circumstances, which she must do first. In any event, you should take any legal challenge that she brings seriously and get a lawyer to guide you.
Your agreement states that your child must attend the school district where you reside. Does it also state that you have physical (residential) custody? Does your child physically reside with you the majority of the time? These details are important to advise you as to the merits of your case. You should have a consultation with an attorney and have him review your agreement to provide you with accurate advice.