Friday, October 17, 2014

Will my trip with a 3yo for 10 days affect custody decision?

Q:  My wife filed for order of protection against me for herself and 3yo dayughter. A few days later she filed for divorce asking for full custody of 3yo. After I won the order of protection and it was dismissed, i returned home. She changed her mind on exclusive occupancy (requested in her divorce complaint) and did not object to living together again. A month after order of protection was dismissed and children services investigation found her report unfounded, she allowed me to travel for 10 with 3yo to florida to see grandparents. Is her recent consent to my return home and travel with 3 yo contradictory to her original allegations. Will her contradictoy behavior affect custody?

A:  David's Answer:  Not necessarily as it depends on what those allegations were. If, for instance, she alleged she feared for her safety - then that may have been true at the time she completed her petition, but not necessarily true any longer. Thus, you should schedule a consult with a NYC Child Custody attorney for a full assessment.  -- David Bliven, Bronx Child Custody attorney (

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