Monday, November 3, 2014

How do I go about filing for sole physical custody for my son ?

Q: My name is Jazmine. I would like to know how to go about filing for sole physical custody? My son is 7 his father comes to visit twice a week Monday and Thursday's in my home and other days if I call and ask him to watch our son. My sons father lives in home with his friend sleeps in the living room and he smokes marijuana everyday. I spoke to him about hanging out with our son on Saturday sundays every other weekend for a few hours before he goes to his second job at a tattoo shop. I told him hanging out in my house will eventually change. I no longer want him in my home during the week. My son is with me the majority of the time I usually am the one to make decisions for the child. I always include his father sometimes the father doesn't call on the weekends I also receive financial help.

A: David's Answer: You can just file a petition for custody in the Bronx Family Court. You're best advised to keep a paper-trail of e-mails with the father confirming the days/times he does visit, when he cancels, and and concerns you have about more extended time with the child. -- David Bliven, Bronx Child Custody attorney (

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