Legal Question in Family Law in New York
After all these years
My husband has Joint Custody with his ex-girlfriend with reference to their two children. He has had physical custody since 1999 when they split. In 2001 he went to court to legalize everything; and she agreed to have the children live with him, and for her to have visitation. Since then, she has had no job, and my husband thought it was useless to ask for support, since she does not have a job. She recently enrolled to get her GEd and Medical Assistant license, and has advised my husband that she is bringing him back to court when she graduates in November. The children live on Long Island, and are enrolled in school and visit her everyother weekend and alternate holidays. Is there a real chance that she could take physical custody from my husband just because she decided to get a job and her GED? Please help us.
2 Answers from Attorneys
Re: After all these years
If the children are doing well with you and your husband, there shouldn't be much to worry about. However, your husband should discuss this case in detail with a family law attorney. The threshhold for modifying custody/visitation is high but, as you're probably aware, Family Court is unpredictable. Having a good case isn't always enough, especially for dads.
Re: After all these years
While her efforts must be taken seriously, the rprobability of her success is low.
The beneficial environment that you have provided for the children is your best defense together with the minimal efforts to clean-up of the birth mother to this date. (Qualifying for a GED is a nice first step. But it is a small first step.)
Please remember: you must take her efforts seriously to maintain his custody. Hiring a lawyer to assist you is recommended, but not 100% necessary.
You are welcome to a consultation for no fee.
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