QUESTION

What can we do to help our kids?

Asked on Jan 26th, 2014 on Child Custody - New York
More details to this question:
My husband has 3 children from a previous marriage. The oldest lives with us, but only because we won custody of her a little over a year ago. My step daughter told her lawyer how badly she wanted to live with us. That combined with my step daughter having anxiety and panic attacks and the mother refusing to put her in therapy got us custody. But the court didn't feel it was necessary to remove the other two. Now my husband and I are worried about the middle child. She has a lot of anger, and even the school called the mother about putting the child in therapy outside of school. The mother has yet to do it, and my step daughter is getting worse with controlling her emotions. We have joint custody, but mother has physical, and in NY physical custody lets her have final decisions. So we can not put my step daughter in therapy without mothers consent. We want custody of her, but are at a road block. School has to wait until she has another explosion at school before they can do anything.
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1 ANSWER

Matrimonial Law Attorney serving New York, NY at Law Office of Gerry Wendrovsky
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The start and end dates of school should not be the determining factor- if your husband reasonably believes the middle child is in danger, he has the duty to address same, and if necessary, by court action, before there is an event that could lead to lasting damage. That he was previously successful with the oldest is indeed a factor that can be used to his advantage in seeking a change of custody and/or requiring the ex-wife to put the child in therapy. Gerry Wendrovsky, Esq.- Upper West Side Divorce Lawyer www.upperwestsidelawyer.com
Answered on Jan 27th, 2014 at 12:17 PM

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