How to seek joint custody reversal

N

nansan125

Guest
Jurisdiction
New York
I was granted a divorce from my ex-husband in September of 2013 after being in court for two years and our case being in front of Supreme court. During our marriage we had three children. I have physical custody of my children however he fought for joint custody, which I agreed to in the end because of the daily appearances in court. The reasons he fought for the joint custody was to be able to file taxes for one of our children provided he is not in arrears in child support payments. According to the stipulation agreement, what was agreed he does not follow. He sees his children only twice a month for approximately 12 hours per month. He has remarried and had a few other children. I will like to reverse the joint custody and file for full physical custody. Do I have a chance and what is the process?
 
You are going to have a very difficult time revoking legal custody (his right to make legal decisions about medical and school issues) and visitation. Unless he is actually abusing the kids, his quasi-involvement does not disqualify him as a parent. Courts are extremely hesitant to take a parent out of a child's life, even if they are not a great parent. They are still his kids and he does have a right to be part of their lives. You can't force him to see the children as often as he might be entitled to exercise his right to see them under your current order.
 
You are going to have a very difficult time revoking legal custody (his right to make legal decisions about medical and school issues) and visitation. Unless he is actually abusing the kids, his quasi-involvement does not disqualify him as a parent. Courts are extremely hesitant to take a parent out of a child's life, even if they are not a great parent. They are still his kids and he does have a right to be part of their lives. You can't force him to see the children as often as he might be entitled to exercise his right to see them under your current order.


I think you misunderstood my question.. I just want to reverse the joint custody and have the judge make it full physical custody. If 12 hours a month is all he can provide that is fine by me I am not indicating child abuse however he is neglecting ( socio-emotionally) them by not being involved. I don't want him out of his children's life trust me. Granted he does not exercise his rights to make decisions for them either. I just want a judge to document in a legal document how things are as of 2013 he still can be involved... My stipulation agreement also ties to me live within a certain mileage which ties my hands in pursing a better life for them outside of NYC, if I would ever consider a move out of NYC in the future.
 
A judge isn't going to limit his time legally because that is all he uses. If you have plans to move, follow whatever the order says you must do and talk to your ex. He might be ok with you moving without involving the courts. Does your order actually limit your ability to move or just indicate that you must have his agreement to move? If this is just a, "someday I might like to move" situation, now is not the time to go through the time and expense in court.
 
A judge isn't going to limit his time legally because that is all he uses. If you have plans to move, follow whatever the order says you must do and talk to your ex. He might be ok with you moving without involving the courts. Does your order actually limit your ability to move or just indicate that you must have his agreement to move? If this is just a, "someday I might like to move" situation, now is not the time to go through the time and expense in court.
thank you for your response.
 
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