Q: The father filed a petition against me for joint custody. On the day my lawyer asked if I’d talk to him so I did. I was able to get him to drop the petition and did so when we went in front of the judge. Now the judge stated, since this is dropped he cannot open it back up. Is he ever able to file again against me? Since I didn’t file any petition against him would I be able to in order for visitation or set schedule?
A: David’s Answer: Generally the courthouse doors are never closed to a re-filing. Thus, he’s presumptively free to re-file his petition at any point. Schedule a consult with a Westchester Child Custody attorney for a full assessment.
