David's Answer: The issue in part is whether the mother was at fault in the incident, such as negligently failing to keep proper supervision or failing to get proper treatment for the child. Many other factors would need to be assessed as to whether your boyfriend will be successful in switching custody. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
Thursday, December 18, 2014
My boyfriend has joint custody of his son that lives with the mother. If there is violent abuse can he get Custody?
Question: the mother has another child who is 10 years old who is on medication and has a history of violent behavior. Last week he got very violent and now the child has been hospitalized for attacking the mother and my boyfriend's 5 year old son with a knife. The mother resides in New Jersey and my boyfriend and I reside in New York.
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