Legal Question in Family Law in New York

Unfair

My ex-husband, who has physical custody (we have joint custody) of my two daughters ages 8 and 16, responded to a motion I brought against him in Family Court by filing a cross motion for sole custody. My motion was an attempt to enforce our Judgment of Divorce since he has been scheduling medical appointments at times I am unable to attend. I am a Nurse and have the right to attend medical appointments. The Judge seemed to be against my insistance to attend the appt's, has decided that ''these two parents can't co-parent'' and I feel that she is not going to be fair. He is the one who doesn't communicate, for which I have provided proof in my motions, he hangs up on me, which I can prove, and he is guilty of parental alienation. I may be able to prove that as well. We have twin daughters age 19 who are not speaking to me. It seems that I don't have much of a chance to change physical custody of my younger girls,considering the Judge's attitude towards my complaint, but I feel that I have to try. I don't understand why she isn't enforcing the Judgment of Divorce, instead choosing to have a trial and cost one of us legal custody. Considering her attitude towards me, do I have a chance to gain physical custoday of my minor daughters?


Asked on 6/20/06, 9:46 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Unfair

Suggest that you consider counseling for your personal/individual and "parenting" issues, before you continue with your application to change physical "custody" of children that may not want to live with you, primarily, at this time.

Good luck

Good luck,

Good luck,

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Answered on 6/21/06, 11:19 am


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