Legal Question in Family Law in New York

Sole vs Joint Custody while father and mother are in separation. Under the following circumstances, does the mother has rights to sole custody?

- It was once filed a police record on the father "disappeared" with a 4 years old child until 1am on a school night while the father had access for the day.

- During one weekend access of the child, the child got injured at father's home and ends up in hospital getting stitches

- the Child is sick (keeps throwing up) after a few (non-consecutive) visits to the father's home

- The father refused to continue to pay for the child's continuous extra-curricular activities classes. The classes were taken by child regularly and paid for by father in the past, until when drafting the interim proposal for divorce / child order, on papers the father agreed to pay, but in reality he refused to pay for most of the classes.

- the father insist on taking the child on a "business" trip out of the child's resident country where he was in business meetings therefore had to leave the child with his colleagues. The 4 years old child had never met nor had any relations with the colleagues, therefore are strangers to the child.

Due to the discrepancies in decisions between the mother and the father, would it be the basis to file for sole custody for the mother?

Asked on 8/12/13, 8:42 am

1 Answer from Attorneys

Tatyana Agarunov Agarunov Law Firm

The determination will always be based solely on what is in the best interest of the child. If you file for sole custody, if true and accurate, the court will take into consideration all of the incidents you've described.

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Answered on 8/12/13, 9:36 am

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