QUESTION

Can ex be charged with custodial interference

Asked on Jan 27th, 2014 on Child Custody - New York
More details to this question:
I live in NYS and have sole physical and legal custody of my 15 year old son. Father has never had any physical custody, but recently also lost legal d/t issues with alcohol. Current court order states visitation is to be determined between the children and the father. I have my son spend the time he would like with his dad, which is per the court order that I, the judge and the law guardian felt were in the children's best interests. Now, dad is enticing and encouraging my son to live with him (while maintaining little to no contact with our daughter who is 17). I have told my son he may resume overnight visitation if he wishes, and that seems to have calmed at least him for now, but dad is still trying to guilt him into moving in with him. Can he be charged with custodial interference, and if so, how do I go about it. Son is conflicted and again seems content with overnight visitation, as up until now has only gone for the day, etc.
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1 ANSWER

Matrimonial Law Attorney serving New York, NY at Law Office of Gerry Wendrovsky
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Custodial interference can only be proven if your son is actually going to come to court to speak about same, and the court finds that said interference actually threatens your rights under the existing court order. That your son is conflicted is natural- however, this appears to be more of a question of your son making decisions for himself, and dealing with the results of such a decision, which may have a bearing on how he deals with his father as an adult. Gerry Wendrovsky, Esq.- Upper West Side Divorce Lawyer www.upperwestsidelawyer.com
Answered on Jan 27th, 2014 at 12:11 PM

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