Sunday, September 7, 2014

Can she modify custody to full?

Q: My girlfriend recently agreed to joint custody with primary placement of her three children. She utilized a mediator and her and their dad were able to avoid court. Since then he has made multiple threats to keep the kids and/or take them away from her. He has also since moved to a two bedroom apartment which means when he does have the kids... They don't each have their own bed. There are several other concerns that individually seem like nothing but feel like a pattern we our concerned with. She would simply like to have the mind games, threats and stress gone.

A: David's Answer: The question becomes whether the mediation agreement was ever reduced to a court order. If it wasn't, then can can always be easily changed by going into court. If it was, then she'll need to file a modification petition, itemizing all the factors upon which she feels there's a basis to change the order. - David Bliven, Westchester Family Law attorney (

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