Legal Question in Family Law in New York

wanting full custody

My ex husband and I have joint custody of our 7 year old daughter. I want to recieve full custody. Her father does not take care of her properly, feeds her fast food, soda, she never has milk or any home cooked meals when she is with him. He has a two bedroom apartment, she has her own bed there but both sleep on couches in the living room. She comes home to me unbathed, dirty clothes. She is never ready for school when I go to pick her up in the morning. We split nights. What do I need to do to gain full custody?


Asked on 1/20/04, 6:54 pm

2 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: wanting full custody

You would need the help and support of your child's physician or health care providers, teachers and school social worker or nurse.

You would also need the cooperation of your child. Which it is unlikely you will receive.

You would need to be willing to subject your child to testing, probing and examination by pyschiatrists, social workers and so forth.

Then Even if you succeed in changing the custody terms, it will be a "hollow" victory. For in "winning" you would surely lose your child forever, for taking her father away and "abusing" her with your idea of correctness.

What you appear to want to do is limit and restrict your child's father's contact, influence and relationship with your child because you have different values or ideas about child rearing.

What you should be doing is redoubling your efforts to provide your child with an enriched and enriching and fun environment to the extent that whatever "negative" influences may exist in her life are not what controls her or her options.

GOOD LUCK,

PHROSKA L. McALISTER, ESQ.

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Answered on 1/26/04, 3:23 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: wanting full custody

Probably by itself what you describe will not be enough. You will have to show proof that he is abusing her or neglecting her so that her safety is at issue.

What you describe may not be ideal, but does not hinge on the child's well being, at least in the short term. IT's just differences in family styles and although I'm sure bothersome to you, will most likely be viewed to the cort as a parent not so much looking out for the child but vindictive towards the father.

No doubt, your differences in lifestyle contributed to the unhappiness in your marriage which led to your divorce.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 1/21/04, 8:32 am


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