Legal Question in Family Law in New York

i have an 8 year old son that i have placement of for the past 5 years sience his father and i split, his father has him every other weekend and two weeks out of the summer which he has never takin him for those two weeks he never attends soccar games or school functions, and never helps with school clother or anything, and is way behind in child support. i was recently arrested for sometihng that isnt true and im fighting it with a great lawyer. but my sons father heard about it and now wants to take my son from me, i have not been convicted just charged.... and i have never put my son in danger or neglected him in anyway, is it possible that he has a chance at taking my son

Asked on 8/19/10, 12:11 pm

2 Answers from Attorneys

Carol Ryder Law Office of Carol Ryder PC

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It IS possible he could get the kids but remember, your divorce atty will argue they are used to living in XXX county with you, does not even pay up his child support, the father does nothing with them, etc.

When your lawyer fights the criminal case, try and get it expunged and keep it from your ex. A lot of DAs are overwhelmed and might just decline to prosecute. What they often do is essentially, you plead the NY equiv of no contest/Alfred Plea and if you "behave" for a certain # of months, your record gets expunged.

Also, go to Family Court and tell them he is far behind and that you want your support collected through the court's Collection Unit. If he screws with them, he will have trouble-maybe even some criminal charges of his own.

Answered on 8/24/10, 7:51 pm

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