Q: I have sole, legal and physical custody awarded to me. Their father has no visitation. My oldest son (6) is very violent and aggressive and is physically hurting me and my other son, who is 4. I want whats best for him and my other son, so was wondering if courts would allow them to be separated for everyone's best interest.
A: David's Answer: There is no specific "law" regarding the splitting of siblings. The questions which will arise are: did you do EVERYTHING in your power to get help for the child as well as for your family? This would seem to include individual counseling for the child as well as family counseling for all of you. Then the next question is: where are you intending on placing the child? If his father isn't willing to take him (and this can't be forced), then the alternative is placing him with a relative or in foster care (the latter only as an absolute last resort). -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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