It is speculation at this point as to why the Judge didn't "remove the child," though it's possible that the Judge wanted to have the mother served & wanted to hear the mother's side of things before taking such a drastic step. That said, I've also seen Judges under such circumstances direct an "extended visit" to the non-custodial parent rather than direct an ex parte switch of custody. In any event, for a full assessment, you should schedule a consultation with a NYC Child Custody attorney.   -- David Bliven, Bronx Child Custody attorney (