I am going to try to make this is as easy as possible and your comments are very appreciated. When I left my husband 6.5 years ago, he agreed to allow me custody of our son....1.5 years old at the time....once I got myself situated. When the time came, he renigged saying that I abandoned them. I contacted an atty and he basically said that because I didn't take my son with me that NYS calls it abandonment and I would no doubt loose. I just didn't have the money to fight. We agreed that he would live with his dad and I would have liberal visitation. Since then, over the past few months, serious changes have occured. Our child is ad/hd and is on meds which his father does not consistantly give to him, there were 2 calls to CPS and he was indicated in neglect due to living environment etc, the other is still being investigated. I have since hired an atty and in the process of petitioning the court to change custody. Do I have half a chance of winning as it has been almost 7 years that my ex has had custody? My atty feels very confident, but I guess I need some reassurement from others. Thanks

If protective services had already had one substanciated claim against your ex, and they are invesitgating a second, you have a very strong case. Make sure to get the names of the investigating parties inside protective services, and provide all the information to your lawyer. When I went to court, I didn't have a laywer, but I provided the court counselor with names and phone numbers of the investigators from protective services who had claims of neglect against my ex, and the counselor called and discussed the case with the investigators. In your case, the investigators will have more information than you on the details of the neglect, and the light they can shed on the situation is invaluable. As has been said time and again, the mother must be grosly incapable of caring for their child to have their rights terminated. Have faith in your lawyer and the system. You may not have had your child living in your home, but you have not abandoned her (?) because you are a part of her life, as much as you could be to this point. You ex has nothing against you and so will not be able to fight you in court. Just remember, keep your child first, and any qualms with your ex and his behavior in the past second. Good Luck!