Sunday, August 3, 2014

Spouse has file sole custody to exclude me, can i file a motion for a temporary custody. kids are better off with me...

Q: Spouse has file sole custody to exclude me, can I file a motion for a temporary custody. Kids are better off with me..what would the judge look for in making that decision?

A: David's Answer: If your spouse already has custody of the children, then to switch custody pending trial there must be some well-documented emergency going on, such as abuse or neglect. In that instance, you should consider calling ACS and/or asking the Judge to order a COI report from ACS. Schedule a consult with a NYC Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

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