Is Eviction Grounds for Change of Custody

My question involves a child custody case from the State of: new york


If the father is getting evicted, can that be grounds for the mom to get emergency temporary custody of a 16 month old?

Not unless he's actually living on the streets or in his car, no.

(In other words, if he's couch-surfing till he finds somewhere else, that doesn't matter)

It can matter... but the rest of the facts matter as well. It's hard to say that you're offering a safe, stable environment for a child if you're couch surfing, but it's very possible to be evicted and still end up in another acceptably stable home within a reasonable time - even immediately. Also, there are reasons dad has custody, and those will remain relevant to the court.

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Quoting momofteen

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My question involves a child custody case from the State of: new york


If the father is getting evicted, can that be grounds for the mom to get emergency temporary custody of a 16 month old?

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I will give a slightly different answer...and that is "maybe"...but a very big "maybe". It all depends on what happens once the eviction actually happens. The eviction itself is not a reason, what happens after could be a reason. Come back and ask again if alternative housing is not available for dad and the child after the eviction.

The father wasn't awarded custody, it is an agreement. He has broken all but one of those court orders and there are 10 people (sometimes more) living in a 2 bedroom house. He is not on his own, he lives with family members in this house. We are documenting everything and have been for 4 months since the agreement was made. the 19 year old father's 16 year old girl friend watched the child almost always and if she isn't then grandma is when she is over there 2 to 3 days a week. Just a bad situation, we are pretty sure she isn't eating right either. Hard to afford food when you are buying cigarettes and drugs.

So he's not homeless?

What are you documenting, exactly?

If you're sure the child isn't eating right, what is being done about it?

It's the whole family that is being evicted, the girl friend's father is trying to get custody since her mom is in jail. we document the smoking (not allowed at all around her), the dad not watching her, the early drop offs (10 minutes to 24 hours early) and late pickups (10 minutes to 24 hours late), the not wanting to take her on the "special" days in court order. the name calling and accusations and arguing at pick ups/drop offs that they do. What is being done? trying to reach the lawyer for a week now, playing phone tag right now. It's been 4 months since agreement and we think the pattern has been set of how they can not follow any of the court order.

If the child isn't eating enough, why on earth are you (I'm not sure who "we" is) documenting instead of getting child services involved?

And seriously - Dad isn't going to get penalized for dropping the child off early. He COULD be penalized for being consistently late - but quite honestly, the agreement is only 4 months old. The court is not going to be overly happy with either party coming back so soon to complain.