My question involves a child custody case from the State of: NY
Me and the mom live in NYC. We have a 4 year old daughter who lives with the mother and goes to school. she works m-f and i also work but only Friday as i work temporary as a security officer.We had court before i filed for physical custody but it wasn't address so i had visitation alternating weekends and Holiday from Friday to Sunday 5pm and drop-off the child Sunday at 6pm. I had the Holiday on thanksgiving from 12-7 i text the mother asking her, to have my Daughter ready with in a hr or so.So she gave me a lot of crap saying."she not here that my parents took her,i don't deserve her etc." So i went to the parents house where she does live and ask her mother where she at? she said." oh she not here my husband took her to to her."I said alright fine and left. so the next day i filed for a violation on her and was seeking joint legal and joint physical.So on Dec 10th 2010 i ask her again please have my daughter ready.Same thing talking crap saying ."NO u not having her i don't do nothing for her,I'm going to neglect u change my number she has a real father" like come on i love my kid she know I'm her dad, i bath feed her,go out places,never lay one finger on her and the way she acted ain't the best interest for my daughter so i went to the police to file a report that she refuse. The police told me to go over there to see if she there i went her grandmother answer saying" u cant come in and she not here." I said alright so i went back the precint and filed it and I'm going back Monday to file another violation she already in contempt of court she don't care basically so do i have the right modify for sole custody of daughter?