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Bronx Child Custody Attorney Archives

Residential custody?

Q: My son's mother is relocating to Florida and my son wishes to remain in NY. I am applying for a change in residential custody. Can that be denied to me if she chooses to make her 21 year old the custodian so she can continue to receive child support? Or do my rights supercede her wishes?

Can I change from a referee to a judge after giving consent to have the case heard by the referee ?

Q: I have joint physical custody of my 10 year old son, his mother lost custody because of physical abuse. She had chargers pressed in criminal court for neglect and was given probation.this was 5 years ago. She recently took our son to my mothers home in an attempt to drop him after her scheduled visit instead of bringing him to my home as we had agreed. My mother didn't answer the door so she kicked and stomped my mothers door breaking the locks in front of our son. I filed for full custody and no visitation. His mother countered and filed for custody of our son. I've had 3 court appearances and I feel the referee does not like me. We are scheduled to go to trail in September. I just want a fair chance and don't think I will get one. I have an attorney. He said getting a judge after agreeing to see the referee would be hard. My son doesn't want to love with his mother but he would like to visit her as he has been doing every other weekend. Can I lose custody because this referee doesn't like me?

Custody modification

Q: I need to filed an immediate modification to prevent my ex from relocating my son out of state (Florida) without my consent. The order is in Westchester but she moved to the Bronx 4 years ago. Can I still file this modification in Westchester or do I have to start all over in the Bronx? She never moved the case to the Bronx and kept the support order in Westchester as well.

What happens with visitation when NCP moves out of state?

Q: My ex has visitation alternating weekends Saturday to Sunday. We currently have joint custody with primary physical custody to me. I just found out through another person that next year my ex will be moving to Florida. We live in Bronx, ny. What will happen as far as the visitation schedule. My daughter will be 8 at that time and she has never been away from me for more than two nights. I have raised her alone her whole life and he just got visitation in 2016. She is way too young to be traveling to Florida and staying the whole summer. This will severely affect her. What visitation will he get?

What is considered proper sleeping arrangements for overnight visits?

Q: My ex gets alternatng weekend Saturday to Sunday for parenting time. This is without a court order. He now has petitioned for visitation since he wants thurs to sun. My daughter who is almost 8 years old tells me that her, my ex and his girlfriend sleep in the same bed when she sleeps there. Is this acceptable sleeping arrangements?

Can the judge in my divorce case change the family court custody order and give my ex custody?

Q: June 2016 my ex-wife consented to my having physical custody with joint legal custody wherein I have final decision making authority. October 2016 I filed for uncontested divorce. July 2017 is the date for a hearing before the judge. My ex keeps telling our oldest daughter to tell teachers and staff at her school 

I have being going to court for,over 6 months now. for custody for my son. My son mother did not show up on for the first

Q: She showed up all the rest of time but didn't show up this time. The court ordered a warrant for her. I haven't been able to get visitation since. What happen now.

How old does a child need to be to travel alone?

Q: My sons father has visitation rights every other weekend. I was recently informed that he sends my 10 year old son to travel alone a few blocks. I dont agree with my son walking alone without supervision. neither one of us has custody of him but my son has been with me since he was born. I've never sent him to travel alone so for this to be happening I'm concerned. What can I do about this?

Last year I agreed to joint legal custody but now I regret it. How to change to sole custody?

Q: Last year my ex took me to court for custody. He wanted joint custody. He was given a visitation schedule and the judge had told us to start a new, so I agreed to joint custody with primary physical custody to me. This past year has been a nightmare though. He is highly disrespectful towards me when I dont agree with him. He calls me numerous profanities. I tell him not to speak to me like that and he continues. There has been nothing for us to make decisions on. When the court order was created everything had been set up already. Her religion, her health insurance, her school and her after school program. He wants a say in all of those things but everything was already set up before he was given joint legal and our daughter is 7 years old. He lives in yonkers and I live in the bronx. He nitpicks on everything. He criticizes the way I do her hair, the clothes I put her in when she visits him. How can I get sole custody?

Will a written agreement between my ex and I stating we agree to keep romantic partners away from child be admissible in court?

Q: Hello, can my ex and I establish a written agreement for both parties to keep any new partners away from our child, also can this agreement be admissible in court if the agreement is broken? I want to establish this written agreement for safety concerns. My daughter is a non-verbal two and a half year old with PDD-NOS (Pervasive Developmental Disorder-Not Otherwise Specified). This is "atypical autism." Her father is already exposing her to women and I am fearful for my child's safety and well being. If my child is abused or neglected by his new partner, my child cannot express that to me.

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