Legal Question in Family Law in New York
My kids are in NY. The ex has full physical and joint legal custody. She has been very difficult to work with and there has been evidence over the last 5 years that she is still abusing alcohol. I have attempted to intervene twice but she has moved about 8 times which makes it difficult to get into a court room. I have seen her empty booze bottles in one home, endured harassing, slurred speech phone calls from her, and my wife finally stood up to her today while she attempted to sabotage my marriage. Here's the thing, that is not the worst part! She has mocked my youngest for crying while on the phone with me, she forces them to tell her what they do here (nothing to hide) and she has them relay messages for her stating that she is the one in charge not me. My oldest informed me that they only shower once a week. I told her she was confused but she got frustrated that I doubted her and broke it down to me that yes, Sunday is shower night. My oldest also told me that she shares a room with my youngest due to an ant infestation in her room. They sleep on second hand, found matressess on the floor (still needs to be confirmed but she is adamant. My youngest told me that she has fallen down and passed out on the floor twice. She stated she wishes her mom would stop drinking wine. She also said that she drinks wine before she passes out. My ex called me and told me that she had a seizure/stroke recently and made jokes about how her co-workers accused her of being that drunk chick. She then admitted that she has had more than one and frequently has auras that impair her vision. I have proof she has said these things and witnesses to her chronic alcohol abuse in the past. I want to petition for custody. I don't care that she is a drunk, I care that my kids are in danger of emotional, mental, and even physical danger if I don't step in. I have statements from social media where she used a very common alias and described her binge drinking. I am tired of her constant moving and manipulation and the girls can sense the tenseness. Do I have a solid shot at custody? I dont want any child support. this is all about the girls not having to witness her passouts and her drinking or her behavior. She was even discharged from service on mental grounds. She is manic, depressive, anxious, and bipolar. I dont want to drag the girls through court unless I am sure it will result in a better future for them.
2 Answers from Attorneys
The facts that you have described require that you intervene in some way shape or form. However, no attorney will ever guarantee you any kinds of results. You need to marshal your evidence and put it in the best form possible for you to be able to present it in court in such a way that the court will find acceptable.. It sounds to me like your best witnesses are your own children, which is problematic in and of itself. When you make these allegations the first thing that is going to happen is that the court will appoint an attorney for the children. That attorney will then speak to your children regarding the mother's behavior.. It is at that point that you will know just how to proceed. If the mother has had seizures, which resulted in emergency services intervening, there may be some evidence there as well.
The most important thing that you can do at this point is get an attorney. Custody litigations are some of the most complicated and precarious legal actions there are. If you would like to speak to me feel free to give me a call at 347�289�5886.
As much as I hate to involve the Administration for Children Services, as they can be overly zealeous, gather your evidence, print it out write up the childrens' statements and if you believe imminent danger is possible contact ACS.
If you suspect child abuse or neglect, call the State Central Register at 1-800-342-3720 FREE or go to 311 Online.
If it takes place in NYC you can also call them directly or visit them at ACS Main Office, 150 William Street, New York, NY 10038, Phone: 212-341-0900
more at http://www.nyc.gov/html/acs/html/home/home.shtml
If the children are removed from the home, you can step in as the father and gain temporary custody
If you wish to proceed on your own contact an attorney and swear out a petition for custody, with your supporting evidence and work your way through the system, it will not be fast a each adjournment is typically 3 months and Children Services will have to do interviews and inspections of your housesl.
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