Legal Question in Family Law in New York
I have a 5 year old son, w/ my ex girlfriend, we live 3 hours away from each other(I live in Walton,Ny she lives in White Plains,Ny), we broke up && we both shared custody of him for the 1st year, after that she changed, I only get to see him every so often now, which I partially understand b/c he is in kindergarden now, but when I call him everyday, even though I don't get to talk to him, I leave messages, I give her money, but it's like I have to fight w/ her just to spend time w/ my son, Im not asking to take him away from her, I just want him every other weekend, I just want visitation. She keeps telling me there's no way in hell a New York State Judge will take away a kid from there mother. Is this true? All I want is Visitation. I'm trying to make it easier for her b/c I know once I turn in my court paperwork, she's going to have to probably meet me halfway or something, which I drive 3 hours to pick him up && 3 hours back.
2 Answers from Attorneys
If you are the legal father, you should go to court to request shared legal and physical custody or at least visitation The court will look to the best interest of the child to determine the motion. However, nowadays, mothers are not necessarily given the child simply because they are mothers.
Also licensed and practicing in New York.
Ms. McGill's answer is substantially correct. However, I unless you are truly prepared for physical custody, I would just file a petition for visitation. You would have to file in the County where the child is located.
Mike.
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