Friday, February 20, 2015

My ex wife is trying to obtain sole custody of our 8 year old.

Q: My ex is trying to obtain sole custody of our child. We have a trial coming up soon. We currently have joint legal custody. She is saying she wants sole custody because we cant communicate. I have offered many times to go to mediation she refused. Will I loose my rights to my son because she feels we can't communicate.

A:  David's Answer:  Often times this turns on an assessment of what proof she has of the breakdown in communication. If it's the fault of both of you, then the Judge is likely to give sole custody to one parent or the other. That said, you won't "lose your rights" as you would potentially only be affected by a modification of decision-making (unless additional issue are raised in the petition). Schedule a consult with a NYC Child Custody attorney for a full assessment.  -- David Bliven, Bronx Child Custody attorney (

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