Legal Question in Family Law in New York
Temporary Custody
My husband recently received temp. Custody of his son. He now lives with us and goes to school near us. He also has a daughter that lives with his x-wife. She sees him every other w/e. He has progressed in his new environment, mentally and academically and we says he does not want to go back to his mom, we'd like him to stay. His reading level is about 2 grades below what it should be, not a new thing, his old school just pushed him along and we now have in tutoring and therapy so he can talk about all of his issues. It's very messy with the x. How do we go about him staying with us? We are not sure if she is looking out for his best interest or that of his daughter. What can we do?
2 Answers from Attorneys
Re: Temporary Custody
I suspect that the "Temporary Custody" to which you refer was informal, and not by court order.
Suggest that you petition in the Family Court for a court order of custody.
Re: Temporary Custody
You need to go to Family Court and file a petition for custody. Otherwise, the ex can come back, and file something against your husband.
If you can afford an attorney, I would suggest you hire one. If it is already messy, it will only get messier in family court.
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