Legal Question in Family Law in New York

Re: violations of divorce and custody agreement.

To alter the custody arrangement after execution of a Settlement Agreement or a Separation Agreement, or after a ruling by a Supreme Court Judge, is very difficult. You can commence an enforcement proceeding to compel you wife to comply with the terms of your agreement and/or order, generally in Supreme Court or in Family Court, much more easily. As part of your application you can also request that the original custody arrangement be changed. Be mindful of the fact that to the extent that you request a change in the custody arrangement, you risk undermining your allegations that your wife has failed to comply with the terms of the original agreement. She will argue, probably with some degree of success, that you fabricated the allegations against her as a way to get sole custody of your children. If you have clear verifiable evidence of abuse of your children by your wife (ie. a criminal conviction for child abuse) you will have a much easier time.

In answer to your second question, although in theory you can certainly represent yourself, in reality you cannot. If you actually are hoping to have any success at altering the present custody arrangement you will need to hire very good legal counsel and you will need to keep them well paid. Even with skilled counsel you will probably not succeed in your attempt to get sole custody. As a Pro Se litigant your chances for success are nil. An experienced matrimonial attorney with years of experience in court would be unlikely to attempt to represent himself/herself in this type of proceeding.

This answer is based upon the very brief and conclusory facts that you have provided. An appraisal of your case requires a detailed review of your Agreement and/or Order and a detailed review of the facts underlying the situation. Your initial consultation with legal counsel cannot be competently completed in less than a full hour. Two hours would not be too long.

Good luck.