Saturday, April 26, 2014

We have joint legal custody but their father doesn't come for them as he should,

Q:  We share custody which the children lives with me but the father doesn't come for them as he should now we're back in court and i'm seeking sole custody seeing that i'm playing the role of a sole custodian with the father not present.Also he was given the permission to file their taxes and he refused to give me the children tax money,will the judge order him to give back. it hasn't been the first he's done it. He has been doing it since 2011 and lies about how much he receives plus on top of it his girlfriend says she will be using my money to go on vacation which is basically my children's tax money. i need help.

Additional information
He trying to get custody and he isn't present. We have 3 children together but only 2 is on the court papers because while going to court i was pregnant with our third child. He always makes excuses for not coming for them,like: i have no gas ,no food,im sick or i have to work. Should i present this to the judge?
Im a great mother and i know my children's need. i have been caring for them from the day they were conceived and their dad doesn't show up. I take them to pediatricians,asthma clinics,allergy clinics,dermatologist adn the list goes on. i need help.
A:  David's Answer:  You should certainly present whatever proof you have of the father's "excuses" for cancelling visits. That said, the custody/visitation Judge can't rule on the financial issues, so if there's an issue with the tax deduction, you'd need to file a support modification petition. If he's now contesting custody, however, you should definitely have a good attorney representing you. Call a NYC Child Custody attorney to schedule a consult.  -- David Bliven, Bronx Child Custody attorney (

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