Legal Question in Family Law in New York

Full child custody

I have been divorced for over two years and was given full custody of our 11 year old son. He's a great Dad but lately we have had a failure to communicate. He has threated to go to court to take JB away from me because he disagrees on my style of raising him.

My son is in need of nothing. I send him to a private catholic school and is an honor studen. I own my own home and have a well paying job. He is in great physical and mental health.

His father is a correction office who lives in a one bedroom apartment. He takes him every other weekend. They sleep on the same bed becuse he said he cannot afford to buy a sofabed.

He gives me less than $100.00 for child support.

Does he really have a chance????


Asked on 7/02/03, 11:43 am

3 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Full child custody

While it seems you should be confidant you will retain custody of your child, no one can give you a 100% guarentee. But don't let the lack of 100% worry you unnecessarily. We lawyers always talk like that. You are welcome to a consultation at no fee at my offices at 42 West 44th St, NY,NY. Please call for an appointment first (646) 591-5786.

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Answered on 7/06/03, 11:09 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Full child custody

Well...there's always a chance, but if what you describe is accurate I would say that his chance of success is severely limited. In New York, in order to upset custody issues you have to show that there are changed circumstances that justify upsetting the status quo and that such a change would be in the best interest of the child.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 7/02/03, 12:05 pm
Seth Kaufman Seth M. Kaufman

Re: Full child custody

The facts you provide certainly indicate that a change in custody is a long-shot, to put it mildly. However, I would assume that he has other bases upon which he believes he can win a modification. Feel free to call me at 212-367-9167 to discuss your case in further detail.

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Answered on 7/02/03, 12:10 pm


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