Legal Question in Family Law in New York

Well here's it in short. Been fighting with my husband for 5 years for custody of his son. The judge said he would not grant joint custody because we don't get along but that is the reason we don't get along she always denies our visitation, withholds information she is ordered to give, moves my stepson around like he is a piece of luggage and the list goes on. Recently she claims she is ill and might have cancer and we are not allowed to see my step son untill she is well again. This goes against the order stating we get every other weekend and split holidays (etc) My husband and I want to go for custody again of him before things get really bad. He does not sleep in his own bed at night and i can only imagine what will happen if what his mother says is true about having cancer. She is out of work till her surgery next month and on bed rest leaving her boyfriend who she admits kicked her and my stepson out on the street 2 years ago and used drugs to care for him, or her boyfriends mom who is incapable of walking due to several back surgery and damaged nerves... What can we do to get custody of him? we have everything he needs here, he would sleep in his bed eveyr night, get to do activites like soccer or scouts that he is not able to do with his mom, get the help he needs for school (failing since kindergarten, now in 3rd grade pushed through cause he did kindergarten twice) and a stable home.


Asked on 9/29/10, 10:12 am

1 Answer from Attorneys
Glenn Reichelscheimer The Law Offices of Glenn A. Reichelscheimer

Try requesting that the Court appoint a guardian-ad-litem for the child to evaluate the living conditions and mental health of the child especially in light of the fact that the mother is denying Court Ordered visitation and the repetition of the same grade twice. Explain that you are vastly concerned about the mother's failure to get the child the educational assistance he requires and believe she is neglecting his needs. But for goodness sakes, retain an attorney!

You and your husband are doing yourselves a disservice by trying to go it alone. You are obviously not familiar with family law and statutes and you may be shhoting yourselves in the foot because you have not known the proper way to go about this.

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Answered on 10/07/10, 9:34 am


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