Wednesday, December 4, 2013

I gave my husband legal and residential custody of our son while I left the state of NY I'm returning and I'd like shared custod

Q:  Going through a divorce where I had an order of protection and was living with my son in a DV shelter I lost everything work home car so I gave my son to his father for an undetermined amount of time while I healed and got myself together. My son is my ex biological son and my adopted son. He is 4,yes old. While I was out of state my ex took my son to see a therapist because he claimed my son had behavioral issues he sees a therapist once a week. I'm planning on going back to be there for my son and my ex signed a stipulation that if I returned I would have joint legal. I'd like to have shard custody. Ex says he will go by therapist recom. So if she says no what do I do Wouldn't my son having both his parents equally helphim? Right now I only have holidays. Ex says he be flex w/ weekends

A:  David's Answer:  Whether a court would grant you shared & joint custody depends on many factors, such as then length of time you've been out of state, how close a relationship you have with the child, why you weren't able to visit more often, etc. Schedule a consultation with a NYC Child Custody attorney for a full assessment.   -- David Bliven, Bronx Child Custody attorney (

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