Legal Question in Family Law in New York
Joint custody and abandonment
I have been divorced for about 9 years. My ex-husband and I have ''joint custody'' of our two daughters-though they live with me. Recently my ex-husband moved and changed his phone number and has not notified me of how I can get in touch with him. He has stopped all contact and visits with the kids. He mails me child support-he sends a money order and does not include his return address on the envelope. My children are covered under his insurance. when there are problems with coverage or insurance forms to be signed, I can't get in touch with him. I would like to change the divorce papers to me having sole custody of the kids because he abandoned them. currently the papers say that any major decisions reguarding health care or education or my moving have to be discussed and agreed upon by him, or that if I were to get sick or die, the children would live with him. since I can't reach him hasn't he broken this agreement
3 Answers from Attorneys
Re: Joint custody and abandonment
You must file a motion for a modification of the divorce judgement for a change of custody. It would seem that such a change should be easilt grnted considering the circumstances. call me for a free consultation at 516 466 5297
Finding your Ex
As a practical matter it appears that the Health Insurance is in effect and unless he is self employed communication can be relayed through his workplace. If he decides not to contact you or the children he is surrendering his rights and though it may effect the children a court will not order him to deal directly with you or them except in regards to support i.e. the health care issue.
It is probable the court will order full custody to you and remove the moving and major health decisions from his review.
As long as he maintains his financial obligations the custody/notification modifications is all the court will attend to.
Re: Joint custody and abandonment
Given the circumstances describe, if you file a Petition for a change to sole custody; and you are able to have your EX "Served" with Notice of the Petition, it is likely your Petition will be granted on default.
But, the Court cannot order your EX to comply with your desire for your EX to contact or communicate with you, the children, or provide you with information concerning his address or whereabouts.
Good luck,
Phroska L. McAlister,ESQ
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