Legal Question in Family Law in New York

keeping custody

i am the father and i have had custody of my 11yr old son for just over 2 years. his mother never had custody, he lived with his grandmother until she passed away and then came to live with me. mother never had custody because of drug abuse. his mother is currently getting custody of her daughter (from a different father)and informed me she is going to reapply for custody of my son. she is clean now. she got married this past summer. mother never paid child support to me (she has sold everything (including her body) for money and I dont want that kind of money)

can she re-apply for custody when lost custody trial 2 years ago to me? does she have a chance to win now that she is clean? what do i need to do to ensure that I will keep custody of my son?

any help appreciated.


Asked on 10/27/03, 12:56 pm

2 Answers from Attorneys
Lorraine Ahlers-Mack Law Offices of L.Ahlers-Mack

Re: keeping custody

The court will make a decision based upon the best interests of the child. You and your attorney will produce evidence that your home is the best enviornment for your child. This will include the fact that he has lived there for 2 years and many other factors. You will also have to produce evidence that the mother has been unfit in the past. Your child may be interviewed by a court appointed counselor to determine how he feels about it. You have a good chance but you must take this very seriously. Start preparing as soon as possible. If you wish to call me I can be reached at 212-267-3377.

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Answered on 10/28/03, 2:16 am
Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: keeping custody

Although the courts generally favor the current custodian, to be successful in this type of fight for custody, you must be well-prepared. YOU SHOULD NOT ENGAGE IN THIS LEGAL PROCEEDING WITHOUT A LAWYER! No matter which lawyer you choose, you should put together EVIDENCE of why you are a BETTER custodian and why the MOTHER IS NOT. PREPARE YOUR EVIDENCE FIRST. This means that you should receive some training from a lawyer on how to obtain evidence that can be used in court. You can take advantage of our 15 minute FREE CONSULTATION to get a general idea as to what you should be doing and to get a better understanding of the process.

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Answered on 10/27/03, 1:31 pm


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