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My husband thinks he will get custody because he bought a house

Lindenhurst, NY |

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?

Attorney Answers 4

Posted

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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Posted

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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Asker

Posted

Ok so he decided to tell the court that i am alienating the child from him altho i change my schedule to accomodate his work. I make the child talk to him but she hangs up. She calls her father daddy But to my family calls him by his first name. I tell her no he us daddy but she still does it. I did not tell him my childs whereabouts for a while but never missed his visitstion because i have an order of protection and he had stalked me. I want to mive in with my bf and plan to marry him The child says things to him that i never said as im sure things she tells me he said arent true. Everything he said is a lie except i want to mOve. I have obeyed the judges rulings what can happen

Asker

Posted

I dont understand how he continually lie and get away with it and im the idiot who tells the truth and tries not to exagerate thing and i get screwed. I cannot afford a lawyer

Posted

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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Posted

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.

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