Wednesday, February 26, 2014

I have joint custody with primary decision making and physical granted to me- what are grounds for sole custody?

Q:  I am the custodial parent. The father continues to argue with me on a daily basis, complaining that he does not see our child enough. The babysitter has offered for him to stop by during the week- he has not taken her up on this offer. I live with the non-custodial's mother- he argues with me via text to have me kicked out. He also argues with her which makes him not welcome there for visitation outside of our court order- which he gets every other weekend. For the past 3 weeks- he has not "been able to pick him up" on his Fridays at 6pm which is court ordered because he has work. I have not been able to speak with him about anything that pertains to our child in months. He also plans on introducing his new girlfriend that he met on an internet app 3 months agoto our son on his time.

A:  David's Answer:  You're best advised to keep a paper-trail, confirming with the father when he misses visits & what his reasons, if any, are. You may consider filing a petition to modify & at the least have a provision stating that if he cancels with short notice, he forfeits his next visit as well. Schedule a consult with a Bronx Child Custody lawyer for a full assessment.   -- David Bliven, Bronx Child Custody attorney (

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