Child custody

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bishop

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Can you get custody of your child, if your child does not live with the mother, your paying child support, and your child is failing in school?
 
Who does the child live with? We need much more details - why does child not live with Mother etc.
 
were still married, we seperated.

He has been living with her, we were coparenting until her friends and family convinced her that she would get more in support. after I experienced how ruthless the system was and ordered me to pay from when my son was born even though we are still married. I never looked into full or joint custody because I honestly thought from that experience I had no rights or say.
My son is currently living with his grandmother (his mother's mom) for at least a year. I have filled for custody by request and plead of my son, who is 11 turning 12 soon. We are in New York. He verbalizes how much she does not send time with him or do anything fun. Also, at his mother's apartment, his room is used to keep their pet from his mother, which makes no sense that the pet has a room but my son doesn't.

Hope this is better info
 
were still married, we seperated.

He has been living with her, we were coparenting until her friends and family convinced her that she would get more in support. after I experienced how ruthless the system was and ordered me to pay from when my son was born even though we are still married. I never looked into full or joint custody because I honestly thought from that experience I had no rights or say.
My son is currently living with his grandmother (his mother's mom) for at least a year. I have filled for custody by request and plead of my son, who is 11 turning 12 soon. We are in New York. He verbalizes how much she does not send time with him or do anything fun. Also, at his mother's apartment, his room is used to keep their pet from his mother, which makes no sense that the pet has a room but my son doesn't.

Hope this is better info

You should speak with a lawyer in your county.
You don't need custody, or any other paper as long as you are married.

Your parental rights are the same as your spouse's parental rights.

Situations such as yours are far too complex for an online forum.

In the meantime, Google: "child support NY", "parental rights NY", "child custody NY", "custodial parent NY", and "divorce NY".

You can begin educating yourself about your situation and where its headed.

You should also STOP talking about this to anyone BUT your lawyer.
 
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I second army judge's post. Stop taking legal advice from everyone, except your lawyer.

Also, the longer you let the child stay with your wife or her mother, the longer the status quo build. The longer the ststus quo rans, the harder it will be for you to get custody.
 
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