Bronx, NY asked in Family Law and Child Custody for New York

Q: Can you tell me what can be done?

So I’m in a situation that me and my daughters father gave joint custody now for years he always threatens me to take me to court and then threatens to take full custody of my daughter but most of the time it is because he still wants us to be together and he wants to do it out of spite (I do have proof of that) then again for years we would speak on moving to Florida but then he always gets mad and says I’m not going anywhere with her because he doesn’t want me even after speaking on it but he always talks about it either over the phone or in person so that basically I cannot have record of it and he always finding anything and everything to argue with me about calls me an amazing mother at one moment but then does things like this the next moment I don’t know what to do anymore also everytime he brings up the court thing he is always asking me to go with him I don’t respond because I feel it’s best not to but I need help

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

A: While there is nothing illegal for him to threaten to take you to court, if he becomes harrassing or threatening harm in any way then you might be able to get an Order of Protection. There are apps that the two of you can use to reduce harmful communications in which you can only communicate about parenting with the child. Talk to a lawyer.

David Ivan Bliven
David Ivan Bliven
Answered
  • Divorce Lawyer
  • White Plains, NY
  • Licensed in New York

A: It's advisable in this instance to start keeping a paper-trail. For starters, you can tape-record conversations you're a party to, whether over the phone or in-person. You should also propose using an App such as "Our family Wizard" or "Talking Parents" to not only facilitate communication but also to help keep a better paper-trail. If things don't improve, then consider filing a modification petition. Schedule a consult with a Bronx family Law attorney for a full assessment.

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