Wednesday, November 20, 2013

I am concern for our child's well-being. Can I seek full custody of our child if I can prove it's in the child's best interest?

Q:  I am the Father, the non-custodial parent in the State of New York. The custodial parent (the Mother) currently has full custody as of April 2012. The custodial parent to me, has proven to be irresponsible and/or unfit for a long period of time, which involves failing to maintain a stable job and home for our child. Our child has resided at 5 different locations since her DOB in February 2011, and has resided at four different locations since being awarded full custody. Our child currently resides with Mom and I at my location as of November 2013. Mom worked for only two weeks at her most recent employer, with salaries far past my own. She was set and I did what I can to support her and our child. Now she's currently seeking Government assistance once more due to family issues.

A:  David's Answer:  You can certainly file for a modification of custody, but here's my question: if the Mother is currently living with you, then what is your plan to physically separate from the Mother? The Court would probably frown upon you just kicking her out on the street. Because this is such a sensitive issue, I'd advise to schedule a consultation with a Bronx Child Custody attorney for a full assessment.  -- David Bliven, Bronx Child Custody lawyer (

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