I have court ordered custody he has set visitation with no overnights. He works all different hours and i am a stay at home mom. We live in a lovely townhome with my fiance and plan on getting married if my divorce ever gets finalized. My child has her own room and everything she could ever need. She is happy and healthy. My soon to be ex said he is going to get custody away from me because he has a house and is living with his"cousin" and her 8 yr old now. i have had custody for two years and everything is fine. He even had cps come in for false claims which they closed the file and told me not to worry i would not lose my child and i did not .is that possible that the judge would give her to an abusive man who cannot even follow a court order and who has violated an oop 3x?
Divorce / Separation Lawyer
In order for him to get custody, there would need to be a substantial change in circumstances since the last court order. Custody is based upon the best interests of the child in NY. Based upon what you have asserted here, in all likelihood, he would probably not be granted a change in custody. If he files for a modification, seek an attorney.
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Ms. Blizzard-McGrath has provided an excellent answer with which I agree. He can certainly try to get full physical custody, but that does not sound like it is "the best interests of the child". I also agree that if a petition is filed in Family Court, you should seek representation whether or not your ex- also does. You can find many good Family Court attorneys on this website who appear in Suffolk County Family Court on this website using the "Find a Lawyer" tab. Most provide free initial consultations.
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I agree with the prior responders. The court will not award custody solely because someone has a townhouse. Get an experienced family law attorney to assist you.
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Family Law Attorney
In order for him to get custody, he would have to allege and establish a change in circumstances warranting a change in the custodial schedule. Courts will do what is in the best interest of the child. The fact that he bought a house and lives with his cousin and and her 8 year old, means nothing.