Legal Question in Family Law in New York

My ex is CONSTANTLY dropping my 4 year old son off at a babysitter or family members house so she can selfishly have a personal life. She currently has custodial parent rights and i have non-custodial. We currently share joint custody with her having majority of course. Ive been documenting her neglecting tendencies since the beginning of the year but have been repeatingly told that a private investigators documentation would carry more weight in family court. I was actually wondering how true this was and if this situation was documented by a PI would it help me convince the court in changing primary custody to me?


Asked on 6/21/12, 8:23 am

1 Answer from Attorneys
Anne Peyton Bryant Bryant & Bleier LLP

Custody issues are very fact specific. The primary concern is always "the best interests of the child". Did you agree to giving your ex custody of the child in the divorce? If you did, you will have to show a change in circumstances to get the judge to change custody to you, and using a babysitter frequently may not meet the threshhold. It really depends on the specifics of your case. Regardless, you should speak with a lawyer. A custody battle is an expensive endeavor. Perhaps, a lawyer can assist in resolving the issue with more parenting time to you when mom needs a babysitter without making the situation too adversarial. Are you available to tale the child when mom gets a babysitter?

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Answered on 7/04/12, 5:23 am


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