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
and the therapist I take her to see once a week that she wishes to live with her mother. I’m speculating that my ex feels she can address the issue of custody at the upcoming divorce hearing and that the divorce judge can change custody. Is this something that happens even rarely in divorce proceedings where custody has already been settled in family court?
A: David’s Answer: The Judge may consider a switch of custody where the mother has established a “change of circumstances” since the Family Court order was done. If, for instance, the child has expressed a change of position since that time, then that theoretically could satisfy that legal standard. As to whether the Judge would then actually switch custody is dependent on a host of factors which need to be evaluated. Call a Bronx Child Custody attorney to schedule a consultation for a full assessment.