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Can I file sole custody with this situation ?

Q: Good morning my name is yulissa i want to file a sol custody petition for my 1 year the father has visiting rights and we have joint I want sole custody he always fails is days and in numerous times I have had to pick up the child at 3-4 am because he states he can't deal with him child cry when he is drop off other then his weekend he not involved child consideres my husband his dad court gave him 3 weeks which one week was a mistake and even tho he has them no one did he take the child . I work I have a stable home 5 other children plus my husband we normally travel during the summer he is also giving a hard time with that I'm very family oriented please help 

A: If you have a consent order for joint custody & it was literally just set (you mentioned the child is only 1yo), then usually the court doesn't want you back in court weeks or a couple months after the order was done. Usually you're advised to first keep a paper-trail, express your concerns to the Father and ask whether he wants to agree to an amended schedule. If it doesn't workout, then file your modification petition. Schedule a consult with a Bronx Child Custody attorney for a full assessment.

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