Legal Question in Family Law in New York
I am the father and I have custody - Am I going to have a problem keeping it?
My son is 10 years old, I have had custody of him for the past 2 years. His maternal grandmother had custody of him for 6 years before that, and his mother was arrested for drug-related abuse to lose custody of him when he was 2.
(I found out I had a child when his mother lost custody of him, and I allowed her mother to take custody then since it was kind of a shock)
My question is simple. she has been hinting that she is going to want custody of him. (she is currently in court for custody of a different child of hers)
She had gotten ahold of that ''get custody 100% guarenteed'' book, and quite frankly, I am terrified.
I am 100% sober. I don't drink, smoke, do drugs, or allow any of that in my house. He has had a 1000% turn around in attitude since coming into my care. My wife loves him as her own son. He doesn't like going to his mothers, because my wife and I keep him busy, either with our own activities, or having him play with other kids (area or family) he never complains of being bored, and is in a awesome mood almost all the time.
am I worried over nothing or does she have a chance?
3 Answers from Attorneys
Re: I am the father and I have custody - Am I going to have a problem keeping it
family court is always exciting, but the best interests of the child is supposed to control the situation. In this case, the stable home you have provided will be very influencial. good luck. You are welcome to a consultation at no fee at my offices at 42 West 44th St, NY,NY. Please call for an appointment first (646) 591-5786.
Re: I am the father and I have custody - Am I going to have a problem keeping it
The facts you provide indicate that the mother is highly unlikely to prevail in a bid for custody. Make sure that you continue to provide well for your son in every respect. Cooperate with his mother to the appropriate extent, but be careful not to give her an opportunity to claim that you have waived any rights or that there has been a "change in circumstances" favoring a modification of custody. You did not say whether there are orders for visitation or support involving the mother. If not, then I would want to know why. If so, I would want to know if they are being followed. Please call me at 212-367-9167 if you want to discuss this further. I do not charge a fee for the initial consultation.
Re: I am the father and I have custody - Am I going to have a problem keeping it
The stable environment you are providing for your son will benefit you should the mother seek to regain primary custody while nothing is guaranteed a recitation of the history as well as your activities over the last 2 years will make it difficult for the mother to convicne the Court that she should have primary custody. (Is she providing any child support to you?)
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
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