What if ex/ wife doesn't want kid anymore?

Asked 12 months ago - Jamaica, NY

ex has a new child and a new bf.Divorce signed by not final by judge. she has custody in divorce. i have a lawyer for the divorce.claims our seven year old daughter "hit" her little brother. giving me a week prep time to get her or "I wont see her again". I don't have no support system, live far from her school, will likely receive no child support in return, i sometimes overnights with no system setup to watch her, my apartment is a studio no time for larger one. what should i do, she txt me this recently

Additional information

i sometimes work overnights

Attorney answers (3)

  1. Maria C. Tebano

    Contributor Level 15


    Lawyers agree

    Answered . Take custody of your child, there are no other options, unless you don't want the child. The other things will fall into place. Contact the department of social services, they can assist you with daycare, both day and night. Take vacation from work in order to get everything in place. Speak to your attorney and ask for a conference or have your attorney make a motion to modify the custodial provisions of the agreementbased on the change in circumstances. Act fast for your child.

  2. David Zaslavsky

    Contributor Level 19


    Lawyers agree

    Answered . First, take physical custody. Then go to an attorney and talk about filing a motion in supreme court to modify the agreement.

    I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and... more
  3. David Ivan Bliven


    Contributor Level 20

    Answered . What do you think she means by "you won't see her again?" Do you think she means she'll take off with the child, or do you think she means to harm the child? If the latter, you may wish to consider taking custody of the child AND calling ACS. You may need to file a motion in the divorce cases to modify the settlement.

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

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child Custody in a Divorce

Child custody may be physical or legal. Physical custody covers who the child lives with, and legal custody is the right to make decisions.

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