Legal Question in Family Law in New York

asking for physical custody.

my ex-wife and I have joint custody of my 2 kids ages 6 & 8, however my ex-wife has physical or residential custody. I would like to obtain the physical custody of my kids, since I spend more time with them and I am also the one who takes the kids to school everyday. I think it will be easier for the kids to go to a school where I live, so they won't have to travel everyday from Queens to the Bronx. I tried to make an arrangements with my ex. but she disagreed with me. Therefore I have no other option. What are my expectation of getting the physical custody.

please help me!


Asked on 6/11/03, 10:38 pm

2 Answers from Attorneys

Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: asking for physical custody.

These cases are very fact specific.

Suggest you consult with an experienced matrimonial attorney.

I practice in NYC and Long Island.

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Answered on 6/12/03, 12:10 pm
Seth Kaufman Seth M. Kaufman

Re: asking for physical custody.

I assume that the custody arrangement is pursuant to an agreement or judgment entered in court. You need to show a change in circumstances before the court will consider whether your proposed change is in the children's best interests. I need more details to assess whether you can make a viable case; if you can't, you might want to begin planning on how you can build a case for future action. Please call me at 212-367-9167 to discuss your particular situation. I do not charge a fee for the initial consultation.

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Answered on 6/11/03, 10:50 pm


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