Saturday, May 18, 2013

Will the Judge Consider this in our Custody battle?

Q:  My Son’s Mother ignores me all the time when I bring up issues regarding our Son. We only communicate through email.
I sent her an email stating some of the issues for example, Not to have my Son (3yr) in her mom’s (grandmother house) because she does not have window guards and leaves the windows wide open. (I have pics).
Do Not attempt to pick up my son without a Car seat available (my mother witness my son get in a car with no seat)
And since she ignores me I need reasonable communication with my son when he is with her, ( at least one phone call a day).
I told her if she ignores me I will take it as she DOES NOT agree and will not drop my son off to her. Of course she ignored me. Can I use this in court in our custody case? And can I refuse to give her my son?

Additional information
We do not have a Visitation order in place yet. I'm skeptical of holding my son from her because i do not want to seem like i'm refusing to let her see him.

A:  David's Answer:  You should certainly raise these issues to the Judge & state that you've attempted to communicate your concerns to the mother & she ignores you. If the mother denies such communication, then yes, you may certainly seek to present to the Judge copies of the e-mails (although the Judge may want you to do this more at trial). That said, for a full assessment of the case, I suggest that you schedule a consultation with a NYC Child Custody attorney.  -- -- David Bliven, Bronx Child Custody lawyer (

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