Legal Question in Family Law in New York

Re: welfare of children

A 14 year old, may or may not be "old enough" to babysit 2 younger siblings. All of the circumstances must be considered.

In this case, you don't know what, the actual cirumstances are, respecting your spouse's childcare arrangements; since your info is from your children. All of whom might have an interest in "stirring up" trouble with their parents, about things they know that their parent's are sensitive about.

Thus, Your inclination to "call" the authorities on your wife, without offer of an alternate workable Plan, is uneasonable sounds somewhat mean spirited; and could be extremely destructive to your children.

Note, It is unreasonable to expect your estranged spouse to allow you to stay in her home, to "watch the children." It is also unreasonable to expect that she would want to incurr added costs (in time,energy & money) for

daily travel to & from your place, along w/ preping & shuttling 3 children to school, & their activities, etc..

So,... In addition to changing your approach and posture toward your spouse (ie., assume she knows what she is doing & is responsible, even if she's a ding bat), You could offer to pay for a babysitter; or transportation costs (a car service? for the children to come to you)or other plan (when she is working) that does not cost your spouse added inconvenience, cost or expense.

Additionally, you should ASK what she WANTS you to do; OR, what you COULD do, to HELP HER AND THE CHILDREN. DO NOT ASSUME, in your thinking or conversation with her, that YOU know, what she should do or not do.

If you fail to contruct a better "two" parent working relationship, after changing your posture toward your spouse; you actually "know" that your children's health, safety and care is in jeopardy; and you believe you would be the better parent for the boys to be with, then without doubt, you should proceed to Court.

You may Petition the Court for joint custody, with "residential" custody with you weeknights or 5 "work" nights a week, or other arrangement,

citing the needs and "Best Interests" of the children.

Good luck,

Phroska L. McAlister,ESQ