New York Divorce Lawyer Discusses Not Being Allowed to Visit Children
Question:
My Ex Husband is extremely unkind to me and tries to block every major decision I make. He makes more money than me but pays no support. He thinks I am irresponsible if I ask small favors like dropping the kids off 10 min early so I can get to an important meeting. I tried to stay out of court but now it seems like the only way to get what I need. He said that if I take him to court he will make a case against my mental health and drag me through the dirt so that he gets sole custody and I will only see my kids on weekends and have to pay him child support.
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Answer:
As a New York Divorce Lawyer, It sounds like he is a bully who is trying to intimidate you to get his way. For your ex to modify custody, he would have to show a change in circumstances that would require a change in custody and he would have to show that it would be in the children’s best interest for him to have custody. I advise clients as a New York Divorce Lawyer that many parents suffer from mental health issues, ranging from situational depression to severe mental health issues that effect their functioning. In general, if a parent is treated for a mental health issue and there is no danger to the children, it is unlikely that a court would modify custody on that basis.
Is your ex threatening to withhold or have visitation taken away from you? Contact experienced New York Divorce Lawyer Jean Mahserjian to fight for your family.
This legal question was provided by a Avvo and answered by Jean Mahserjian an experienced New York Divorce Lawyer. This does not consent an attorney client relationship.