Legal Question in Family Law in New York

Hi,

I will make this as brief as possible.

My ex-husband has sole custody of my son since 2006. In 2006, we made an agreement that he would have custody of my son and I will see him whenever I want to. (he has held good on his end with this) My reasons for giving him custody was because at the time, I didnt not have a job, a steady place to live and I had no money. I was emotionally unstable due to the fact that I had just lost my mother. In short, I wanted my son to have the stability I didnt have. At the time, his father had a steady job, a clean place for my son to live, he had his mother for help. He basically was able to provide for my son in ways that I wasnt. Now fast fowarding to the current:

He has been without a job for almost 2 years, he is mentally unstable, his mom is no longer there to help him (she moved), I am providing my son's medical/dental insurance. Moreover, he has discussed suicide with many people, including myself. I am afraid for my son's well-being. I want his father to get the help he needs.

Would I have a case to get my son back? I question this because, he has been providing for my son for 4 years. I would do anything possible for my son and him to continue their relationship. But I no longer feel secure with my son living with him, as he his clinically depressed along with his lack of ability to provide for my son's basic needs.

Please help.


Asked on 8/17/10, 12:57 pm

2 Answers from Attorneys
Kristen Browde Browde Law, P.C.

You would need to file a petition seeking a change of custody, citing the change in circumstance and factual allegations that demonstrate that a change of custody is in the child's best interest.

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Answered on 8/22/10, 1:49 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

You very well may. Depending on the circumstances the court will look at the best i terse of the child.

Generally, there are two ways to go about this.

1- go to the family court and there is a petition room generally, fike a petition for custody with the assistance of the clerks there and get a court date... If you qualify for free representation on your first court you can ask for representation.

2- if you would lime to hire an attorney have the attorney file the petition for you and do all of the leg work required.

If you are seeking to retain a private attorney contact us at 212-405-2234

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Answered on 8/24/10, 8:42 am


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