QUESTION
Should I file for custody and can I win?
Asked on Apr 06th, 2015 on Child Custody - New York
More details to this question:
My ex obtained custody of my child when I was living in N.C. and he was in N.J. and I had an order of protection against him, this was 11 years ago. I now live in NY and he still resides in NJ. He still has custody but there have been things going on in the house hold that shows neglect and my child no longer wants to live with him and wants to live with me. He neglects him with medical care and I have been taking him to the doctor where as he had a slight infection in his throat and I had to get a prescription for that, he has had 8 cavities because he has yet to take him to the dentist but I have and now he has another appointment coming up for braces and I am afraid he wont be able to make it because of recent events that had occurred. my son was off school for spring break and knew he had a trip to go with his father but changed his mind and did not want to go with his father and wanted to stay with me. His father threatened that I would never see him again if I didn't bring him
1 ANSWER
Hi
There are a number of questions i don't know the answer to -- how old is your son? If he's 14 and over, a court will take into consideration where the child wants to live, particularly if his father has been neglectful.
The bigger issue is actually that NJ is likely the appropriate jurisdiction to bring a petition to change custody. I think you need to get advice from a NJ attorney who is best suited to determine what your chances of success are in that state. I would urge you to get a referrral to an excellent attorney in the county in which the father resides.
Good luck!
Ilysa
Answered on Apr 06th, 2015 at 12:24 PM