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What can I do to win my case modifying joint custody to sole custody?

Bronx, NY |

I currently have joint custody with my ex-husband but I am the custodial parent. What are my chances of getting sole custody now? For years now, my ex has been combative every time I try to discuss or workout anything regarding our kids. It's common to hear that he or his current wife have said something to denigrate my character to our kids, and often the things said are inappropriate for young children to hear. He has frequently caused issues at the girls school as well, which drags the school administrators into our disagreements. Also, multiple times during his weekend visitation, he has left the girls in the care of a mentally ill family member and a preteen that i feel is not responsible enough to take care of my kids. What can I do to win my case?

Attorney Answers 3


  1. Custody disputes are resolved in family court with the legal standard known as "best interests of the child." You should consult with and retain a family law attorney who will help you seek full custody in light of the issues you raise. When you do consult with the attorney, discuss how much the representation would cost and ask how likely they think you will prevail given the facts & circumstances you present. Weigh those two factors carefully against each other and ask yourself whether its worth it.

    Any answer provided by me does not create an attorney client relationship with the author of the question. An attorney client relationship can be formed with me only after a consultation and subsequent execution of a retainer agreement or letter of engagement. Notwithstanding that, the prospective client is afforded the protections of the attorney-client privilege before and during the consultation regardless of whether the retainer agreement or letter of engagement is subsequently signed.


  2. Joint custody requires that the parties are able to make decisions together in a cooperative fashion. If the father refuses to be cooperative, you seem to have a case to modify custody, but you shall need an attorney to help you with this.

    I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and Manhattan. I have experience in all five boroughs as well is Nassau and Suffolk County. The opinion expressed in this ad based upon the limited information provided and do not indicate an attorney-client relationship


  3. Given this level of animosity, one would think you have a good case. Hopefully you've kept a good paper-trail of these communications. Schedule a consult with a Bronx Child Custody lawyer for a full assessment.

    * If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.

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