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 (

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