Legal Question in Family Law in New York

Child custody

I would like to know if I could apply for sole custody of my daughter. Her father is not a citizen of the US or Canada, and I am a citizen of both. He currently is trying out for a soccer club in Canada but has no job. He has had some difficulty with immagration as he broke the law when they told him to leave the country and he stayed. He moved to BC shortly after I gave birth to my daughter and does pay child support regularly. He has seen his child less than 5 times in her 8 mths of life. My main concerns are:

how do i go about applying?

how much will it cost?

will i need to take the father to court as i know he will fight it?

please let me know,

thanks


Asked on 2/03/04, 11:05 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Child custody

Q. how do i go about applying?

A. Application is made in Family Court in the jurisdiction where the child resides. In most counties there is an "intake" room where a clerk will take the necessary information and prepare the legal documents.

Q. how much will it cost?

A. There are no court fees. Your biggest problem is service on the father since he is not located in the United States. When you go to the intake room you should discuss the issue of service of process on the father.

Q. will i need to take the father to court as i know he will fight it?

A. The Court will look at the best interest of the child. Pursuant to your question, you are the primary caregiver while the father attempts to make it in professional athletics. Payment of child support and custody are separate issues. Assuming that the father never mistreated the child, it seems to me that the Court will grant custody to you while giving visitation rights to the father.

Mike.

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Answered on 2/04/04, 8:26 am


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