Q: For the last 2.5 years my boyfriends son has been living with us, going to school in our district. The parents have joint custody from a few years ago, but they had a written agreement that he would have His son primaryily for school weeks and her on the weekends and summer & unfortunately in our move we lost that paperwork amongst other things. I myself am a business owner & work from home and my boyfriend has a full time job as a concrete operator and is the parent that provides insurance for the child. The mother of the child doesn’t work at all during the week and works in the club doing god knows what on the weekends while she has the child. The child is now 8 years old. Since school started she doesn’t know what he’s learning hasn’t went to the school barely has had him on the weekend when she’s supposed to hasn’t been bought him anything for school needs. Now her and I had words about all her actions there are many more than I can list. She is keeping him away from us, taking him on a trip without the dad permission, bringing him to school late, blocked us, we are communicating through family members. We just don’t know what to do and we don’t want the court to favor her.
A: David’s Answer: If your boyfriend previously had primary physical custody, and now she’s unilaterally taken custody back, he shouldn’t wait on that at all. He should immediately file an order to show cause to restore primary custody to him. Also, assuming the prior agreement they had was done in the context of a court proceeding, he can obtain a copy at the court clerk’s office. Have him schedule a consult with a Westchester Child Custody attorney for a full assessment.