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Child Custody Battle- Can this Evidence backfire on me?

New York, NY |

2 years ago I was told by my Ex-Girlfriend’s Son who was 7 years old at the time, she use to leave my Son (1 year old ) home alone while she took him to school. I lived with her at the time and work overnight so I was not home in the mornings and was not aware. I confronted her through text message where she admitted “only when he is sleeping” I saved the text message conversation. 2 years later she is now taking me to court for custody because I am moving in with my new girlfriend and want to take my son with me since he stays with me 4-5 days a week. Also I know her older son who is now 9 yrs old stays home alone after school but have no way of proving. Is this evidence still creditable even though its 2 years old? I was told it can backfire since I never reported it to child services also.

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Attorney answers 3


If you have evidence she leaves the 9yo home alone, you should report your concerns to the Court & see if the Judge will order a CPS/ACS investigation. I also agree there's a chance the evidence of your knowledge of her leaving your then 1-year-old alone may backfire, to the degree that if she was neglectful in doing so, then you may be found to have acquiesced to her conduct (unless you legitimately believe she stopped after you confronted her). In any event, I'd highly suggest that you schedule a follow-up consultation with a NYC Child Custody attorney.

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Deciding on what kind of evidence to present is a judgment call that a skilled attorney can make after he/she has as much information as possible regarding the case.
This is a difficult question to answer, however, if you had knowledge of the issue, and didn't mention it for two years, a Judge may not find that information overly persuasive as to your assertion that she is an, "unfit," mother. Further it may call your decision making into question. You should definitely speak to an attorney about this matter.
Good luck.


You and your attorney must decide this in view of the other evidence in your case. It might be better to just focus on present "wrongdoing" which affects the child. You are equally blameworthy on the earlier incidents.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.