Saturday, January 26, 2013

Might a judge agree to change in custody/visitation due to increasing physical and verbal altercations between my ex and my son?

Q: Over the years my sons relationship with his father has gotten worse. He and his wife call my son names, push him around physically, belittle him etc. And my son’s behavior towards them in turn gets worse. Ongoing physical and verbal altercations lead to calls to me to come pick him up. At home with me my son is happy, sweet, helpful etc. I have filed for modifications in the past but each time my ex has successfully painted me and my son as a liars. Now, my son has taken it upon himself to record his father’s abusive behavior. There are also recordings of his father ignoring my calls to the home to speak to the boys…He is refusing to go to his dad’s house. Does the degrading relationship that results in these constant altercations compel a judge to agree to change in c/v?

A: David's Answer: How old is your son? You should be cautious about your son "recording" his conversations with his father as the father may twist it & say you're putting him up to it. Certainly you may record phone conversations with the father that you have directly with him - and you can also keep a paper-trail on important conversations/events which often serves beter than a he-said-she-said in court.  -- David Bliven, Westchester Child Custody lawyer (

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