Q: My ex won full custody of our son on Dec 6th. The judge denied my request to vacate the order albeit didnt give me any chance to redeem myself or present any new documents. I missed the court date due to medical reasons and was treated very unfairly because of it. Also, I lived in a shelter during the court process and it was used against me apparently by “not being situated” which shoudnt even be an issue, considering I take care of my 2 other children. Now, with visitation in order, I see my son from Thursday at 8pm to Sunday at 2pm. His father works two jobs now, not before the order was in place and doesn’t have time to spend with our son. He states it in our emails to each other and always requests different times to pick up or drop off our son. I will be attending school in January however our son will spend actual time with me AND his siblings, my two daughters and I have no scheduling issues for drop off or pick up. My son spends half of the work/school week with me already and cries a lot about missing myself and his sisters. I feel it’s in his best interest to live with me and his father could actually get more parenting time if I have him with me.
A: No attorney can render a definitive assessment on custody over the internet. That said, if you properly filed a motion to vacate your default and same was denied, then you should strongly consider filing an appeal. Call a Bronx Child Custody attorney to schedule a consult for a full assessment.