You did hurt your chances somewhat by allowing your child to choose to stay with her father. The Courts will
not want to upset a custodial situation which seems to be working . You cannot just take the child away without
first working it out with your spouse. The courts would not look kindly at such an act.
You will have to convince the court that your family environment is much more stable for the child than your spouse’s
and it would be in the best interest of the child to be with you.
If you are living in the NYC metro area, I strongly suggest you call me to arrange a meeting between the 3 of us to discuss mediating the custody and separation issues. You will have a much better chance of success in mediation , it will be faster, cheaper and less emotionally draining than litigating in court.
Call me; I can help!
Leonard M. Weiner, Esq./Divorce Solutions