Q: Spouse has file sole custody to exclude me, can I file a motion for a temporary custody. Kids are better off with me..what would the judge look for in making that decision?
A: David's Answer: If your spouse already has custody
of the children, then to switch custody pending trial there must be
some well-documented emergency going on, such as abuse or neglect. In
that instance, you should consider calling ACS and/or asking the Judge
to order a COI report from ACS. Schedule a consult with a NYC 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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