QUESTION
should i change joint custody to sole custody?
Asked on Jan 01st, 2014 on Family Law - New York
More details to this question:
Ex husband is not involved in day to day life. see's 7 year old daughter 2 nights a month (which is less than in original divorce agreement) - she loves him and wants to see him but he is verbally abusive to me. I would like nothing more than for him to be out of the picture but i don't know which would be worse for my daughter. would changing joint to sole custody make any difference? what is involved in supervised visitation if that's an option. I just don't think it's appropriate that he threatens and is very verbally abusive to me yet i send her to stay with him. He is also an alcoholic who has had many problems with housing and transportation and finances and i have a very stable home. He does pay child support every month which i believe he thinks gives him the right to be so nasty. Torn because my daughter loves him. thank you!
1 ANSWER
First, this isn't a choice you get to make unilaterally. You can file a petition but you'll need both a substantial change in circumstances and you'll need to prove that the change is in the best interest of your daughter. This would be hard to do... his threats to you if not in the presence of the child are of marginal relevance...and do nothing to establish a need for supervised visitation.
Answered on Jan 01st, 2014 at 5:02 PM