Q: My friend and his wife, divorced 4 years ago he signed that she get sole custody of the children. he now wants to petition for them can he do so without having custody.
A: David's Answer: When you say "petition for them" do you mean petition for a change of custody or an immigration petition? If an immigration petition, you'll need to re-post this question under that category. If a change-of-custody petition, then yes, he can always petition for a change, so long as he states what change of circumstances warrant a change of custody. Your friend is best advised to schedule a consultation with a Bronx Child Custody attorney. -- 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.
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