Q: Can i file for custody after finding the other parent is in aa without my knowledge
My son mother has primary physical custody. Someone outside of the family made me aware she is currently in AA. I had no knowledge of this she had 2 cps reports unfounded this year and a mental health break and hospitalization in the past 6 months. do i have grounds to file for custody or is it going to be a waste of time
A:
Based on the information provided, you may have grounds to file for custody modification, but success will depend on several factors:
- The court will look at the totality of the circumstances to determine if there has been a significant change in circumstances that might warrant modifying the existing custody order. Her participation in AA could potentially be considered, but may not alone be enough.
- You would need to provide evidence that your child's current living situation with his mother poses a risk or detriment to his well-being. This could include the CPS reports, mental health issues, alcohol abuse, and other examples that show an inability to provide proper care.
- The court will evaluate whether the change in custody is in the child's best interests. Her alcohol abuse alone may not be enough if she is actively treating it and able to properly care for her child.
- Consultation with a NY family law attorney would be highly advisable to fully assess the situation and develop the best legal strategy. The attorney can help determine if you likely have sufficient grounds and the right evidence to pursue the custody modification case.
While there are possibilities here, the case could be challenging without strong evidence of impact on the child. But a local attorney who deals in custody disputes can provide specific guidance about your chances after reviewing the details. They can then represent you if you move forward with filing for modification.
A:
Anyone can file anything one wants any time one wants, but the problem will be in winning. The underlying facts here are insufficient as a change in circumstances warranting a court's review of the current order of custody, and the whole proceeding will yield nothing.
However, there could be information the asker is not revealing like the age and gender of the child, the details of the mother's substance addiction problem among other facts. There could be child neglect taking place, but we do not know.
The asker should consult in confidence with an attorney.
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