Q: My name is Jazmine. I would like to know how to go about filing for sole
physical custody? My son is 7 his father comes to visit twice a week
Monday and Thursday's in my home and other days if I call and ask him to
watch our son. My sons father lives in home with his friend sleeps in
the living room and he smokes marijuana everyday. I spoke to him about
hanging out with our son on Saturday sundays every other weekend for a
few hours before he goes to his second job at a tattoo shop. I told him
hanging out in my house will eventually change. I no longer want him in
my home during the week. My son is with me the majority of the time I
usually am the one to make decisions for the child. I always include his
father sometimes the father doesn't call on the weekends I also receive
financial help.
A: David's Answer: You can just file a petition for
custody in the Bronx Family Court. You're best advised to keep a
paper-trail of e-mails with the father confirming the days/times he does
visit, when he cancels, and and concerns you have about more extended
time with the child. -- 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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