child custody

[momb47]

What is the name of your state? NY
my son is divorced, 6 months, they both have custody, first it was agreed that they would stay in house until it was sold, he verbally said to her she would get what ever is left after the mortgage and bills were paid, support was agreed for child at 17% of first $80,000, she signed away everything else. This women has never worked in any part of the marrige(4years) outside the home, she also chooses to not work inside home, doesn't do laundry, cook, clean and even sometimes forgets to feed the child. My son works 2 jobs to support the home, mortgage, taxes electric, food, cars, insurance etc. she again does nothing.Since the divorce she has had many men in the home where the child now is calling some men her "new daddy", and just now she told us she is pregnant about 6 Plus months, NOT MY SON!!, she has done some stranges things in past few months, my son wants to go for full custodial custody as he feels he would do a better job in the up bringing of the child. He has family support to help and he is financially able to do this. Is there a chance he would get custody.

 

[seniorjudge]

Q: Is there a chance he would get custody.

A: Yes, 50-50, more or less.

 

[momb47]

what does he need to do to win this battle

 

[seniorjudge]

what does he need to do to win this battle

Well, I don't know.

But if you could get her relatives to testify for your boy, that would make the judge sit up and take notice.

 

[triviafreakdad]

As your son and his ex share joint custody I would assume that there was never a custody trial , that they agreed on the custodial arrangement . To change that agreement there would need to be a SIGNIFICANT change in circumstances .

 

[momb47]

they agreed on joint custody at the time of divorce, never had any custody hearing, my son is the sole support for the child, mother doesn't or hasn't worked, she now states that she is pregnant any where from 6 months and doesn't know who the father is! today the child is in nursery school stating she is leaving to move with her mother to live with her grandmother, who is really not grandparents but aunt and uncle who raised the ex, change her name, and never see her father again, the school immediatedly called concerned that child is upset. can emergency hearing be held and what do you need to get one

 

[BL]

He should consult a Family Law Attorney .

 

[triviafreakdad]

Your son can go to the local county Family Court and request an Ex Parte order for temp custody and to prohibit the ex from moving with the child , which a judge may or may not grant . He should also check his divorce papers to see if the Supreme Court ( the court that granted the divorce ) reserved jurisdiction on custody matters ( sometimes they do for up to 2 years ) .And please have him speak to an attorney .

 

[momb47]

thanks for the information, yes he has appt with attorney today and thurs.