New Rochelle, NY asked in Child Custody and Child Support for New York

Q: What steps do I take to give my mother temporary joint custody since we live with her and father barely come around?

I live in New York never married and have 3 kids with the same guy we split 4 years ago and he stopped coming around like that. He was ordered to pay child support but quit his job to work off the books he has no steady home he sleeps on a friends couch and when he picks them up he brings them 2 the movies and hotel and I work from 10-8pm 5 days a week so I prepare and send them to school, read and put them to bed and spend all the time I can with them on my day off but they basically live with my mother and she cares for them 85% of the time so I want to basically give her temporary joint custody of the kids but the only issue would be the father stopping the process now does he have a right even though he barely comes around and we have no steady place 2 live

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2 Lawyer Answers

Kevin M. Colwell

PREMIUM
Answered
  • Divorce Lawyer
  • Albany, NY
  • Licensed in New York

A: You and your mother should file a petition seeking to modify the existing custody order. In extraordinary circumstances, the court can award custody to a grandparent.

Before you do anything you should seek a consultation with an experienced family law attorney to discuss your situation in greater detail.

Ali Shahrestani, Esq.

PREMIUM
Answered
  • Divorce Lawyer
  • San Francisco, CA
  • Licensed in New York

A: Only courts can issue orders re: child custody, and grandparents can acquire custody rights in rarefied circumstances. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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