Moving parent..do I lose custody rights

[okoffice]

What is the name of your state (only U.S. law)? New York
My wife agree on most everything but custody, so we can't agree on a seperation agreement, making divorce a certainty. We live in an apartment that she will certainly retain (her father owns the building). Can I do anything to lock in my parental custody?

 

[modad75]

There are no guarantees to lock in your parental rights, however, you will always have rights to your children, even if it's just visitation rights. If you're moving out of state, that hurts your case... unless you can really prove the mother unfit and incapable of caring for the children, they won't be leaving the state with you. You will have visitation. If you are moving and staying close to where the kids have been living with you two, then you can have a strong case for joint custody.

 

[okoffice]

Thanks for the reply. I would only be moving close by. The situation is keeping my son in a mentally unhealthy place. Can I sue for joint custody before a divorce, so I can move out, relieving some of her anger issues?

 

[modad75]

Thanks for the reply. I would only be moving close by. The situation is keeping my son in a mentally unhealthy place. Can I sue for joint custody before a divorce, so I can move out, relieving some of her anger issues?

That helps you out then, that you'll be close by. You would need to have hard evidential proof that the situation is mentally unhealthy, which is pretty hard to do. Is the mom on drugs? Have a court order for a drug test. Something like this will be needed... not just that you don't like her parenting, etc. (not saying either of these are your case)

You can have a lawyer file for emergency custody orders to try to get custody of your son. If her anger is physical to you or your son, then you can have an order for her to leave the home until it's settled in court.

Also, I looked up that New York requires a one year seperation. I don't know the details on how this works. New York Divorce Source: State Divorce Laws: New York

 

[okoffice]

She is on antidepressants, but nothing illegal. She doesn't physically abuse him, she just can't restrain herself, every moment is good for yelling. I do my best not to take the bait, but I'm no angel. The is evidence at school that the situation is affecting my son. He is developing anger issues himself.

 

[Just Blue]

She is on antidepressants, but nothing illegal. She doesn't physically abuse him, she just can't restrain herself, every moment is good for yelling. I do my best not to take the bait, but I'm no angel. The is evidence at school that the situation is affecting my son. He is developing anger issues himself.

Have you placed the child in counseling?

 

[LdiJ]

She is on antidepressants, but nothing illegal. She doesn't physically abuse him, she just can't restrain herself, every moment is good for yelling. I do my best not to take the bait, but I'm no angel. The is evidence at school that the situation is affecting my son. He is developing anger issues himself.

So, what you are saying is that you and mom are fighting a lot and its having a negative effect on the child.

Move out and file for custody/parenting time. Ask for temporary orders pending the final disposition of the case.

In the meantime, get the child in counseling to help him deal with the separation/divorce of his parents.

 

[Ohiogal]

There are no guarantees to lock in your parental rights, however, you will always have rights to your children, even if it's just visitation rights. If you're moving out of state, that hurts your case... unless you can really prove the mother unfit and incapable of caring for the children, they won't be leaving the state with you. You will have visitation. If you are moving and staying close to where the kids have been living with you two, then you can have a strong case for joint custody.

You are WRONG. No guarantees to lock in parental rights? His rights are constitutionally protected. And at this stage he does not have to prove mother unfit and incapable. It deals with the best interests of the children. What you posted is a bunch of babble.