Q: A year ago I filed for custody with visitation. I have since leaned towards joint legal and physical however I have not change my initial petition. I was in agreement with the judge suggestions to equal shared time and making joint decisions. If we are unable to come to a joint decision we use a third party to assist. The judge was clear that he want the matter resolved before we return and so do I. The matter is not resolved and now dad wants to go to trial. A year ago the father filed for joint but now he has changed his petition to full custody. His argument is last year I kept our daughters for a month, I did not respond to his written communications, I claimed our kids as dependents without his permission, we do not agree on school and medical. I am not flexible with visits, we shared 3 days and split the fourth. The fourth he has morning and I have evening. I have all written communications with responses. I was even advice by an ,attorney At our last hearing the judge offered a solution to shared time, filing taxes and decision making. The magistrate advise about taxes, I was within my rights, I dropped petition for child.
A: If you filed an initial petition for “custody,” you can always resolve the case with joint custody. If you initially filed for “joint custody” & are now seeking “sole custody,” then you’re best advised to file an amended Petition. Schedule a consult with a Bronx Family Law Attorney for a full assessment.