Legal Question in Family Law in New York

I have a 4 year old son who lives with me at Ft. Drum. His father (whom I am divorced from) neglected him and made threatening behavior towards him while I was in training (the only time I haven't taken care of my son in the past 2 years). I filed charges and they are in the process of going through. I also received orders to go overseas soon and I'm worried that the temporary revision to custody rights won't be finished in time for deployment. His father has no job and another girl is pregnant with his baby at this time. Will they still make me give my son to him or is there a way I can prove he is unfit to take care of another child before I leave??

Thank you for your time!!!

PS: he has partial custody and I have primary, but he chooses not to access his part at all and doesn't pay child support at all


Asked on 12/08/09, 11:31 am

1 Answer from Attorneys

Elizabeth Karnazes New York Offices of Elizabeth Karnazes

Who is going to care for your son while you are deployed? You need to go to court and have that person appointed guardian immediately. There is free legal counsel on base. Talk to your CO and go for help now before your child pays the price. Good luck!

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Answered on 12/18/09, 11:23 pm


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