Legal Question in Family Law in New York

wife given full custody of children

wife claimed I hit her and drank too much,and kids were afraid of me. Was then given supervised visitation w/kids. Went to court and social services never updated the file, stating I had not hit my wife. Before the hearing my wife's attonery notified me and my attonery that if I went to alcohol counseling for two months I could see kids unsupervised, I jumped at the chance and said yes. I had letter from a psychiatrists stated I did not have a anger or alcoholic problem although at times I can be rigid. The jugde granted my wife full custody and stated it was because I was an alcoholic. He did not want to see the doctor's letter or wait for an updated file from social services. What can I do?


Asked on 4/23/01, 1:57 am

3 Answers from Attorneys

Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: wife given full custody of children

What can you do? That depends, in part, on what you hope to accomplish. I gather that you now have UNsupervised visitation with your children.

Custody is not decided soley on whether you are an alcoholic or not. There are many other factors. You mention nothing about the Law Guardian's opinion or forensics.

Perhaps you are confused by the term FULL custody. The legal term is sole custody. Joint custody is available only by agreement and is never awarded in my part of the state absent an agreement between the parties.

If, in spite of this, you feel that your children are better off living with you than their mother, you always have the right to file a modification petition AFTER all the medical data are in.

For more information, please visit my web site:

www.BravermanLawFirm.com

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Answered on 6/16/01, 11:09 am
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: wife given full custody of children

If you disagree with the judges decision, you should appeal. There is no guarantee you will win if you appeal.

From your post, I believe your main concern is vistation. If the visitation schedule is ok with you, then you may not need to appeal. I would, however, retain an attorney. I would imagine you don't want the court record stating you are an alcoholic, if in fact you are not.

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Answered on 6/18/01, 8:46 am

Re: wife given full custody of children

File a Notice of Appeal within 30 days

of the date of the Order

Then hire another attorney who can at least

get an adjournment for the purpose of

submitting crucial proof, or who knows

enough to subpoena such information prior

to a hearing date

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Answered on 6/16/01, 5:29 am


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