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Child Custody NY: Any Pothead lawyers on here

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  • Child Custody NY: Any Pothead lawyers on here

    Posting this for my sister, she already spoke with her lawyer, just want my own answer I guess.
    My sister and her ex broke up and its both there fault, no one is perfect. After she broke up with her ex he would come to her house and get their daughter off the bus and take her directly to his house whom he lives with his parents 10 miles away (40 and he lives with parents). My niece has been going to his house the last 8 days. My niece is 9 btw. So while at her fathers house he has basically brain washed her these last 8 days and she told her mother (my sister) that she ruined her life, doesn't want to see her no more, that she is scared to be around her bc she drinks and drives (lies), etc etc etc. My niece has also brought up CPS, what 9 year old knows about CPS, unless told by an adult? My niece has also been stand offish to me, and my parents and we have all treated her like a princess since she was born, we have a very small family..... My question is they have a 50/50 custody agreement so what steps does my sister need to take or whom does she go to and make sure my niece stays at her house after she gets off the bus? My niece isn't gonna want to stay at her Mother's bc like I said she is brainwashed by her father. The father is the good cop and her mother is the bad cop. Pretty sure at 9 years old my niece doesn't have the right to make decisions of whom she wants to stay with until 14 years old.​

  • #2
    When you say 50/50 custody agreement, do you mean through the courts? If so the child has to stay with whatever parent the court papers dictate the child stay with at that particular time.

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    • #3
      I went through something similar and ended up talking to a drug charge defense attorney who really knew how to explain what matters in court and what doesn’t. In NY, weed use might not be a big issue by itself, especially if it’s legal and not impacting your parenting. But the way things are documented and presented can make a huge difference, so legal help can keep things clear and on track.

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