Legal Question in Family Law in New York

stressful custody issue
my son is 15 - he will turn 16 in september. he lives with me but wants to live with his mother. every year she files for custody - and loses - save changes in visitation. i do not believe she has his best interests at heart. she is on welfare and i believe wants the child support - +the advantage in court of gaining her 13 year old daughter. she has never had custody of these children. she was too busy doing drugs and alcohol. she quit school when she was 16 and i am very concerned that she will let him quit as well. i am afraid he will choose her lifestyle. he is the result of a 1 night stand, so i learned who she really was after he was born. he has that undying love for his mother, and would never say he doesnt want to live with her, even if HE knows it isn't in his best interest. she already told him that he can decide to live with her when he turns 16. he is emotionally traumatized by her abondoning him when he was a and is in special ed classrooms because of it. he wants to live with her because he believes she deserves a chance. i tell him to wait till he is 18 and out of school. she tells him when he is 16 & she just filed (again) for custody. is my son going to lose his chance at a future??

Asked on 3/17/08, 5:32 pm

Debra Palazzo Law Offices of Debra Palazzo, LLC

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Re: stressful custody issue

When you go to court, request an attorney to represent your son (law guardian).

She has to show change in circumstances from last time she took you to court. If she doesn't, ask for case to be dismissed.

Answered on 3/17/08, 10:16 pm

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