Q: My sister has been separated for almost 4 years now from her partner. They have a six year old together. He acts like he is above the law and has stated he will never pay child support. They had agreed on 50/50 custody, this lasted only a few weeks with him. Now he insists on picking the child up once a week for dinner, one night a week overnight & every other weekend. He only pays for 50% of expenses for school’s aftercare programs, that’s it.
My sister was advised by a local attorney that stated she should “let things be” The attorney stated that if pushed, the ex-partner may demand full custody by trying to prove he has a better living arrangement than she and demand child support from her. I don’t believe this is good advice, nor fair. Does living with our parents hurt her?
Thank you all for your replies. My sister is also dealing with other issues with her ex partner and her child. They had both agreed to NOT introduce their son to new boyfriends/girlfriends/lovers... Since separating almost 4 years ago her ex has exposed their son to about 5 different "soul mates". Now she is also dealing with a six year boy that believes men should have a new mate every month. Visitations with dad has never been about spending time with the boy, its always with some woman always tagging along and staying at his apartment. Can a judge put a stop to this?
A: David's Answer: I don't believe this was good advise either. She should certainly begin keeping a paper-trail as to the days/times he's picking up the child. Merely living with your parents wouldn't be counted against her if she has sufficient accommodations for the child. That said, before filing for a modification of custody, she should 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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