New York Divorce Lawyer Discusses Obtaining Temporary Child Custody
Question:
Looking for advice in obtaining temporary custody while things are worked out in court. I have joint legal custody with visitation on weekends. Mother chooses to work in a bar from 6:00 pm to between 11:00 and 1:00 am. Instead of coming home to her Children, she chooses to spend her time doing drugs and fooling around with men from the bar. On days off, she still fails to come home to care for her own children. I found out last summer my little girl was left with her Aunt and babysitters all summer while this went on and more than likely has gone on longer. For 3 months I have stayed at her home and cared for my Daughter and her son while this has gone on. I pay all bills and take care of the responsibilities while getting not 1 cent or help from her. Now, she has moved the kids over 20 miles from her job so when I end up leaving she can have her family take care of the kids for her. I do my best to raise and support the kids while she comes around no more than two to 3 hours a week at most and contributes nothing. She has drugs in her system including mushrooms,coke, and weed. She missed 5 DSS appointments and has no rent money again. She took $400 and now has little food.
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Answer:
You should consult with an New York Divorce Lawyer. You may want to consider filing a Petition for Custody, together with an Order to Show Cause seeking temporary custody of the children pending an appearance based on the Mother’s unavailability to care for the children while she is working, her suspected drug use, and you physically and more financially stable household. If you believe the Mother to be under the influence of drugs, I would not turn over the kids to her or allow them to ride in a vehicle with her.
Are you attempting to obtain temporary custody of your children? Contact experienced New York Divorce Lawyer Jennifer Sunderlin to fight for your family.
This legal question was provided by a Avvo and answered by Jennifer Sunderlin Morton an experienced New York Divorce Lawyer. This does not consent an attorney client relationship.