Saturday, June 15, 2013

Can my husband fight for custody of this 3 year old daughter?

Q:  His ex loves her child and she is not a bad mother but she doesnt make the best decisions. Two years ago she moved from queens to the bronx to live with her boyfriend. After a year they broke up and she moved with family in Longisland. She wanted to move upstate but my husband went to court and a radius restriction plan was put in place. She ended up breaking up with the boyfriend Dec 2012 . She has been living with various family members since. She is currently jobless and living with another family member (2nd home in 6 months) . She told my husband yesterday that she is going to move in with an "old friend" who is male and renting a room in his apt. We have offered more than once to keep the baby until she gets herself togther but she has turned us down. Is there anything we can do?


A:  David's Answer:  Yes, if despite your husband paying adequate child support she still isn't able to maintain adequate housing, then this is a specific factor the court must consider on a modification of custody case. Usually there's many more factors at play, so he's well advised to keep a paper-trail of communications with the mother. He should also schedule a consultation with a NYC Child Custody attorney for a full assessment.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

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