Legal Question in Family Law in New York

my ex has residential custody w/me having non residentail and now hes threatening sole custody.. what r my rites


Asked on 2/12/13, 7:10 pm

2 Answers from Attorneys

Anne Peyton Bryant Bryant & Bleier LLP

You are leaving out many details which are necessary to provide you with an answer that would truly give you some insight. First, wer you married to the father of the child? Did you have a custody trial or was custody determined by an agreement.

The best interests of the child are always paramount. That being said there are many factors involved. Is your ex claiming the child is in danger while in your care?

Please feel free to call me and discuss your matter further.

Anne Peyton Bryant, Esq.

305 Broadway, Suite 14

New York , New York

www.matrimoniallawnewyork.com

Email: [email protected]

Office: 646.421.6505

Cell: 917.747.8543

Fax: 646.274.0205

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Answered on 2/12/13, 7:17 pm
Jordan Trager Wisselman, Harounian & Associates, P.C.

If you have an order granting you joint custody then the burden is on your ex to go to court to change the order. The real issue is whether you are being consulted regarding joint decision making for the child. If your ex is violating the joint custody order you have the right to file a petition against him for violating it. Again, all of this depends upon what your order states. You should have a family law attorney review it before going to court.

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Answered on 2/13/13, 8:18 am


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