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John Domestic
John Domestic, Lawyer
Category: Family Law
Satisfied Customers: 4631
Experience:  Over 13 years of Experience in Family Law.
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I just file custody of our 2 boys in county court.Its going

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I just file custody of our 2 boys in county court.Its going to be a couple weeks for us to get in.The boys our in my home but my wife is very unstable at the moment.She took most of her clothes last night and said she dont want to be with the boys anymore.I know she dont feel like that but i cant lose my job.I have a daycare for them but she'll get the boys for a day or 2 than drop them off just before i go to work than i have to call off work that day and the daycare cant hold my spot.Our 9 year old boy goes to school a couple blocks from our home.What i'm asking is there any legal way i can work out a binding schedule where she has to keep the kids here until court.I will never deny her seeing or taking the kids awile but i think if we could work out somthing legally it would truely benifit the kids.My only option i see is a hotel for a couple weeks but i still need to pay bills.Thank-you.
Submitted: 4 years ago.
Category: Family Law
Expert:  John Domestic replied 4 years ago.
Thank you for trusting Just Answer. I will answer as clearly as possible.

You can file to request that the court enter a temporary emergency custody order. It will also likely take a week or two for this to occur.

If you can come to some agreement with her then you can sign a temporary custody agreement where both of you will agree to your custody roles. However, this type of agreement will not force her to take custody if she is refusing custody on a particular day or two. If you think that putting custody in writing will encourage her to stick to her agreement on a regular basis then signing an agreement may help. Here is a great parenting plan form: www.courts.state.ny.us/forms/matrimonial/Parenting-Plan-Form.pdf

In fact there is not a court or agreement that can force her to consistently take custody. If she will not consistently follow a visitation schedule then a court may stop any visitation that she is allowed. However, the court cannot do anything other than take away custody to get her to follow the schedule.

I am cannot provide you with specific legal advise. I can provide you with general information about the law related to your question. My answer, and any information that you can find online, should not take the place of having a detailed consultation with a lawyer in your area to advise you regarding your specific issues.

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