Q: My ex and I have 50/50 custody. We are currently in the middle of a custody evaluation after I filed for primary. I have a restraining order against her as she was abusive. My 4 y/o son told me that he sees his mom get hit by her boyfriend. What should I do? Should I bring it up with the evaluator? File a motion to remove him from the home? I have no "evidence" other than what he said, which he brought up out of no where. He wouldn't say what happened other than he saw it. I don't want it to look like I am just using this as a means to get him but I don't want him to see this. I have tried to get him into therapy because I worry about the situation there but the mom has blocked me and wont give permission, so I can't use that as evidence either. Help!
A: David's Answer: You should both mention it to the child's attorney as well as to the evaluator. Whether you should file a motion to switch custody pre-trial should only be decided after consultation with an experienced custody law attorney. Thus, call a NYC Child Custody attorney to schedule a consult. -- 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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