Legal Question in Family Law in New York

Here's the situation...When My ex-wife and I divorced I gave her physical placement, joint custody. After about 18 months of watching her life go to shit (a lot of time at bars, dumping our son at her parents to go party, being evicted from her apartment and moving in with her parents), I filed for full custody. There are pages more of stuff I could mention, but you get the idea. Anyway we meditated to keeping joint custody in October of 2009, but with me getting placement along with a 65-35 split in time spent (was 50-50 before). She was backed into a corner and had no choice really (to many lies for her to tell in court). I�m at the point I want full custody with her having visitation every other weekend. Here are my reasons: since she was evicted from her apartment in July of 2009 she has lived with her parents and her and my son (he�s 5) have shared a bedroom and quite often a bed. In February of 2010 she had a baby and never even knew she was pregnant (supposedly). Now the three of them share a bedroom. In March of 2010 she lost her license for expired insurance/registration and has been driving around in 3-4 different borrowed cars. Her life is a train wreck and I do not agree with the life she leads and exposes my son to. I am stable, employed, and own my own house. He has always had his own room with me and always will. My question is what are the chances of getting a judge to award me full custody?


Asked on 7/26/10, 8:42 am

2 Answers from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Since you agreed to joint custody in Oct 09', you will have to prove a substantial change of circumstances SINCE then. You can not go back to what she did before then.

Based on the facts given the chances are that you could get full custody.

Read more
Answered on 7/26/10, 5:03 pm
Joel Salinger Law Office of Joel R. Salinger

I agree with the other answer, you could, if all of the facts lay out the way you state, get full custody. You should not attempt this on your own. Get an experienced attorney to assist you.

Read more
Answered on 7/26/10, 5:47 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York