Legal Question in Family Law in New York

Stopping a divorce after a year to regain custody of children

I have been going through a divorce for 1 1/2years. I admitted in court to using drugs before a drug test. A drug test was never done in court that day. I would have had full custody of our 2 girls that day, but husband got temporary custody. A hair sample drug test was taken a week later. I tested negative, because my use was VERY short term. My husband tested positive, which totally shocked me. I had no idea he was into drugs at all. We never used together. After finding this out I then deceided to admit myself into and extensive 3 month rehab. I had to what was best for me and my children.

I succedded in my program and continually have taken it upon myself to get frequent drug tests and attend AA and CA meeting on a regular basis.

My husband has alienated my children from me and has totally tried to destroy our relationship. I came to Ohio a few months ago to finish my last part of with my family where I knew I would have support. I have not returned to New York yet but planned on after the Jan 1st.

My husband has cut my money so I can't move back to NY now and wants to move to Ca and take kids. Can I stop my divorce in the middle now and regain custody of girls? Will this divorce be null and void?


Asked on 12/27/05, 2:32 pm

1 Answer from Attorneys
John O'Donnell Attorney at Law

Re: Stopping a divorce after a year to regain custody of children

Divorce and custody are two separate issues. Divorce ends the marriage, but while the divorce is pending, temporary custody can be awarded.

If you do not settle all of the divorce-related issues with your spouse, including custody, the court will make a final award of custody when the divorce proceeding has concluded.

If you are currently involved in a divorce proceeding, you can ask for permanent custody. The court will consider all of the relevent factors im making its decision.

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Answered on 12/27/05, 3:47 pm


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