I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
Thursday, February 13, 2014
Can I share custody of our children if I live CA and she lives in NY?
Q: 1. She currently has full, sole and legal custody that was awarded since I left NY for a job in CA. 2. We currently have a visitation arrangement set up for me to have them during the summer. 3. I am tired of her having full control of their decisions and anything involved with their wellbeing. 4. They are 6 and 8.
A: David's Answer: "Shared Custody" is where you split custody 50-50. I believe you're talking about "joint custody" in which the parents must consult each other on the major decisions. The issue there is if you just recently had a custody agreement done, the court would be unlikely to modify it now. Usually the court wants a year or more to pass before modifying on non-emergency grounds so as to allow the agreement to "breath a little" prior to changing it. Speak further with a Syracuse Child Custody lawyer. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)