Olean, NY asked in Divorce and Family Law for New York

Q: Can my ex husband take my kids from me?

My 4yr old hide on me and I couldn't fine her. I panicked and them called my ex husband. I found her within a few minutes. He then starts yelling at me sayin I am not responsible and is going to try and fight me full custody. Kids are going to be kids and do things to scraw the crap out of us. Can he really use that against me in court? I have been a stay at home mom for 11 yrs(my oldest is 11), I have 4 kids and I have always been the one who took care of them. Made sure they had food, they are clean, have clean clothes, and do all the housework. I am scared he will try and say I am unfit

Related Topics:
2 Lawyer Answers
Howard E. Knispel
PREMIUM
Howard E. Knispel
Answered
  • Commack, NY
  • Licensed in New York

A: If this is the only "incident" then it is highly unlikely. If there is a pattern then that would be a factor. Do you have legal custody? Has there been any court orders? Modifying a court order already in place is much more difficult than getting an initial order. Speak to an attorney.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: That one incident alone will not be sufficient for custody

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.