How do I file for sole custody of my boys?
4 attorney answers
If you already have an agreement or order regarding custody, getting it changed from joint to sole custody may be difficult (but not impossible). If there is no order yet, you need not consent to joint custody. I suggest you reach out to a Brooklyn Family Law attorney asap so you can discuss your situation in confidential detail and be advised accordingly. Good luck!
All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
The term joint custody means that all major decisions that affect the children (education, medical and religion) are decisions joint custodial parents make together. For a court to give joint custody, parents need to be able to communicate. Sole custody means one parent makes those major decisions on their own.
Primary physical custody is given to the parent that has the children living primarily with him/her.
You should file a petition for sole legal custody in family court of the county where you live. If there is already an order, you need to file a petition for modification.
You should consider retaining an experienced family law attorney to assist you with your case.
Advice on this forum is for informational purposes only and should never be mistaken as a substitution for legal advice. Answering a question does not create an attorney client relationship. If you need legal advice, you should consult or retain legal counsel.
In order to modify an order of custody you need to allege and prove a change in circumstances and then that it would be in the best interests of the children for the modification. You should hire counsel immediately to help you with this matter.
I am an attorney with over a 15 years 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
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