Legal Question in Family Law in New York
Child custody
I have a daughter with my girlfriend of over 2 years. My daughter is 4 months old.
I was served with papers from the NYC Sherriff's office that I must appear in family court for a custody hearing.
I am not sure what the best course of action with the custody hearing is. My girlfriend, whom I am not on bad terms with; visits me with the baby almost everyday. She is seeking sole custody and to have someone from the state accompany me when I am with the baby (not sure why she believes she needs this) according to what I read in the summons.
The papers state that she believes the baby is not safe with me and that I unable to care for myself. It also states my child caring skills are lacking in various areas. My girlfriend has also stated my mother (whom is harmless) is unstable, on medication and has threatened to take the child from her. I guess it is her belief if she strips me of my rights, then I cannot let my mother care for the child in our absence.
So my question is: What are the odds of her winning sole custody based on the analysis I have given. I know my girlfriend does not have an attorney and does not intend to get one unless I do. Do I have even a leg to stand on or should I show up and be prepared to lose?
2 Answers from Attorneys
Re: Child custody
Although you provide quite a bit of information, there is no definitive answer. It sounds as if there is the possibility of joint custody, with physical custody to her and visitation to you. However, there is much more information needed to determine whether she has a sound basis for requesting sole custody. You can contact me directly and I can give you a consultation that is more directed to your situation. www.traceyabloodsaw.com
Re: Child custody
"Show up" with an attorney. Or, if you cannot afford one, ask the Court to appoint one, upon you showing (qualifying)income & asset information.
Absent proof that you (or your mother), pose a threat to the health, care and safety of your child, it is unlikely you will lose the "liberal" visitation rights, usually ordered, when parents are unable to agree.
However, obtaining a "joint custody" Order or enforcement of a "joint custody" Agreement, is problematic, for children born out of wedlock.
Where never married parents, lack experience resolving conflict between them, concerning their personalities, core values, child rearing attitudes, ideas & practices about education, religion, family, lifestyle, etc., "joint custody" is frequently not considered to be the best option for child care.
Good luck,
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