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Can I (Dad) file a petition for joint/full custody under these circumstances?

Q: We have a 3 year old son with “special needs” and is currently being provided with services that involve home/school-based sessions for 20 hours a week (2 hours per each session, totaling 4 hours a day). Long story short,his mom has been involved with someone for about 2 weeks now and I have not seen or heard from my son for a week. Mom ignores my calls/texts and demands I do not contact her because she doesn’t want her “significant other” to find out. The two work together. Mom is currently under my phone plan and according to the call log, records indicate excessive conversations between the two for many hours a day, especially while she is home with the kids (her 7 year old daughter, who also sees me as dad). In addition, my son has not been showing up to school nor receiving his daily sessions and I have confirmed that with both his therapist and school teachers. When I was allowed to visit the kids at home, the kids were usually left unattended, as I had my own key to enter. I am afraid that the level of neglect has increased substantially. My mother stated when she picked up the kids from daycare, they smelled, the daughter’s knees were black and nails were dirty.

A: David’s Answer: An assessment of joint of sole custody would involve many more factors than this, such as the extent of your involvement with the child as well as the history of joint cooperation regarding decision-making. That said, her mere involvement with another person doesn’t necessarily weigh all that much when it comes to an award of custody. You’re best advised to schedule a consult with a Bronx Child Custody attorney for a full assessment. 

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