Question:
My ex and I have 50/50 of our 3 yr old. The issue is my ex can not take care of our daughter (we have 1week with me then next with her dad). My ex missed another doctor’s appointment for her (second time in 2 months) and he never took her to the doctor on his time. She was suppose to get shots. Now it’s the 2nd time I have her when she was so sick and it involved the emergency room and a hospital stay. Her temp was 105 and she had pneumonia. I could tell she was sick when I talked to her on the phone but my ex said she was fine, which obviously was not true. I understand kids get sick, but even the doctor said her condition was bad and obviously didn’t occur overnight. My ex lies about everything with her. He said he picked up her prescription yet he never did, I had to leave work to get it. What are my options?
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Answer:
I will advise clients as an Albany Child Custody Lawyer that if you have a Judgment of Divorce that states that Family Court and Supreme Court both have jurisdiction of future issues pertaining to custody and support, you can file a petition to modify custody in Family Court. Whether you will prevail will depend upon the totality of the facts. I will advise you as a Albany Child Custody Lawyer that even if you prevail and are awarded primary custody, your ex will still have time with your daughter. So, these issues will not entirely disappear.
If you are having issues with your ex caring of your children during their visitation time, contact our experienced Albany Child Custody Lawyers.
This legal question was provided by a Avvo and answered by Jean Mahserjian an experienced Albany Child Custody Lawyer. This does not consent an attorney client relationship.
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