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Can my ex get joint custody and more visitation?

Cicero, NY |

I have a 4 year old son. Back in 2010 the judge granted me full custody and gave his dad 5 hours a week to see him. In the last 3 years my sons dad has had excuses on why he wasnt picking my son up just so he can go to concerts or trips. Now that dad is on probation he has filed court papers because he wants joint custody and my son every other weekend and every wednesday. I have an order of protection against him for the next 10 years. Oh and i did allow my son to spend two nights there and both times dad never woke up with him. Both times my son was injured because he was not being watched and both time my son cried in his room by himself.most of the time dad doesnt spend the five hours a week with him because he is working.

Attorney Answers 4


  1. Best answer

    Unlikely that he gets joint custody or more visitation. Consult with a local lawyer to help you. If anything you should file a petition for supervised visitation and request that an sttorney be appointed to represent the child. Request that the father receive counseling and parenting skills class before he sees the child.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  2. The facts that you presented do not appear to me that he would get shared custody, if anything supervised visitation to see how that goes, please work with a local attny and take good care of yourself.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


  3. You should consult with an experienced family attiorney to determine all of your options. Counsel is correct, he most likely will not get shared custody.

    Former Prosecutor and Family Court Law Clerk. I am available for phone consultations at (914) 368-2646. This answer is very general and is not intended to be specific legal advice and does not create any attorney/client relationship. Please consult an attorney with the specifics of your case to determine your best course of action in or out of court


  4. From the facts presented, it is very unlikely (dare I say impossible) that he would get joint custody. The court does not impose joint custody without agreement of both parties---and will not do so when there are orders of protection, even if the parties agreed to it. You indicate that you have an OP against him for the next 10 years, and that he is on probation. That is unusually long time for an OP. I'm assuming that he is on probation for a crime committed against you. You should be careful about putting your son in a dangerous situation (as you described), lest you should be charged with neglect. If the court orders visitation, abide by the court orders. Otherwise, put your child's safety first.

    You should absolutely be represented by an attorney. If you don't qualify for court appointed counsel, hire one.

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