Can i get temporary custody?

Q: I’m In NY. Ex husband moved into tiny Basement studio. Can only fit one bed. Our daughter is 11 & he told her she can sleep on the pull out sofa because she’s not always there. She’s with him Thursday afternoon-Sunday afternoon. There’s little to no space at all. Can i suggest her stay with me (she has her own bedroom) until he can get into a better situation? He would be welcome to see her anytime he’d like in the mean time. I’m just not comfortable with the living situation.

A: Until a Judge (via court order) says otherwise, all access arrangements must be by agreement. That said, if your Divorce Judgment provides for him to get overnites & you wish to change that, then you need to file a modification petition in Family Court. Schedule a consult with a Bronx Child Custody attorney for a full assessment.