Buffalo, NY asked in Child Custody and Divorce for New York

Q: My 15 years old daughter is manipulated by her uncle. I am trying to get custody. How will I keep uncle away?

I filed divorce. My wife is using her brother to detach my children from me. I can prove that.

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2 Lawyer Answers
Sandra M. Colatosti
Sandra M. Colatosti
Answered
  • ALBANY, NY
  • Licensed in New York

A: Custody can be determined in your divorce proceeding either by agreement or by trial. If you and your wife are unable to agree to a custody that you like, you would benefit from retaining an attorney if you hav not done so already.

Derrick  Storms
Derrick Storms PRO label
Answered
  • Divorce Lawyer
  • Astoria, NY
  • Licensed in New York

A: Interfering with the parent-child relationship is known as "alienation." Courts take alienation very seriously because it is harmful to both children and the alienated parent. Some examples of alienation are: instructing the child to say harmful things to a parent, interfering/monitoring phone calls, and bad mouthing the other parent. You will need evidence to prove that your ex-spouse is engaged in alienation. An insulting text messages that you receive from your ex-spouse could be used as evidence. In addition, in New York your child will likely be appointed an attorney. If your child informs his/her attorney about the alienation and request that the court know about it, this will carry substantial weight in court. Courts often give an offending spouse a stern warning the first time. If alienation continues, the court can cancel visitation, changes custody arrangements, and take further actions to deal with the situation. You will often need a strong attorney to deal with a spouse who does not follow the rules.

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