Q: Lengthy GAL involvement and custody eval brought out of court custody agreement. Comprehensive alcohol addiction assessment determined NCP not fit for physical custody due to alcoholism. Custody agreement stipulates no use of substances in presence of or while in care of children. NCP now has opened CPS case for potential neglect related to police incident involving alcohol consumption and the children. CPS recommends supervised visitation for NCP and a return to court for modification of custody order.
1. Will this effect current joint legal custody agreement? Is this grounds to seek sole legal? 2. Will this effect child support as custodial parent will be taking charge of children during NCP visitation days (3 days to NCP prior to incident).
A: David's Answer: Potentially is would affect joint custody, depending on the results of the investigation. At the least, one would think you should file an order to show cause for supervised visitation in accordance with CPS' recommendation. As for support, it depends on the wording of the agreement - if a factor for the reduced support was the significant time the HCP would be spending with the children, then I would think much reduced time would create a substantial change of circumstances providing grounds for modification. Schedule a consult with a Bronx Child Custody lawyer for a full assessment. -- 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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