Q: I have been raising my grandchildren since they were 2 and 4 years old. My son, their father also lives with us. He is divorced and has full physical and legal custody. He is going to remarry in August. My grandchildren are having a hard time with the transition as you would expect. The new wife sends mixed signals of wanting the children and then not wanting them. They are now 10 and 12 years old. My son recently is trying to be a father. Before he expected me to be the disciplinarian and the "Mom". I want to know if I could get custody of the children. Not for me but for the childrens best interest. I don't know what to do. The new wife has never been married. My son support has been somewhat inconsistent over the years and he has never been consistent in helping raise them..
A: David's Answer: You'd frankly have a difficult case to get custody, as you'd generally need to prove the father has persistently neglected the children, or abandoned the children. You'd otherwise have the ability to enforce your visitation rights, however. That said, you should schedule a consult with a Putnum/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
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.
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