Legal Question in Family Law in New York

Re: proving physical custody

You can take the information that you recited in your question to the Monroe County Family Court {I recommend going early in the morning & plan to spend maybe a couple hours there). At the Family Court, ask to speak to the "intake clerks" and they will be able to help you prepare the necessary petition seeking custody.

One word of caution: I think it would be important to be certain that the children do - - In Fact - - consistently spend 5 out of 7 days/nights with you; and I think it might be important to consider whether you are ready, willing and able to take on full custody (I notice you mention physical disabily).

If what you really want is some court intervention to get some financial assistance from the Father to "cover" the extra expenses you have with the children there so much of the time - - well, you might have to approach that by way of a child support petition {meaning, among other things, that the issue is referred automatically to a Hearing Examiner, not the judge} - - I certainly wouldn't put it 'beyond' a Family Court Judge to "duck" that issue if it was what was really The Point of a custody petition before him/her.

Think that through and speak frankly with the Clerks about your actual intentions / wishes.

Good luck.

J. M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<