More details to this question:
My kids mother filed for sole custody but i want to be able to make desicions also, we had a verbal agreement through the court where i would get my kids every other weekend, however now file for sole custody since we had a disagrement. Her oldest son from another father lives with his dad but she has sole custody, she never reported giving her son away to live with his dad since he was very young, she claims this child through welfare and on her lease but the child does not live with her. Can i use this against her for my own custody case.
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
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Lori Nevias, Attorney at Law
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You can file a cross-petition for custody of your child or a petition for modification of the custody agreement if there is already a court-ordered one (you're not clear about that). The court will decide custody based upon "the best interests of the child" but to change an existing custody order you need to prove not only that but also "substantial change of circumstances" since the custody order was made. Some of the things you mention may come into play in determining that, if the two of you can't reach an agreement, but most of them will be irrelevant, unless she lists the other child who doesn't live with her as a member of her household in a child support proceeding in which you are also a party. Your baby mama can't take away your visitation just because the two of you have a disagreement.
Answered on Oct 24th, 2017 at 11:40 AM