Legal Question in Family Law in New York

Child Custody for living together, but unamrried couple

Hi, I am wondering how I go about petitioning the court for custody of my daughter. Her father and I live together, but are not married. She does have his last name, as he signed paternity papers upon her birth. What rights do we have to the child? My problem is that I would like her to remain in one home with visitation rights for her dad, but he insists on splitting her 50/50, one week him and one week me. Please help. Thanks in advance.


Asked on 3/08/05, 1:14 pm

2 Answers from Attorneys
richard feldman richard d. feldman

Re: Child Custody for living together, but unamrried couple

If you are living together what is the need for custody at this time? The best interests of the child are always the criteria for custody. Splitting residence is not always the best thing you can call me at 516 466 5297 for a free telephone consultation

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Answered on 3/08/05, 1:32 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Child Custody for living together, but unamrried couple

This is what lawyers do. We fight for custody for our client.

When 2 separate residences are established, the court can be petitioned for an 'order of custody'. It is made as a motion on notice.

Later, usually 6 weeks, a hearing is held where both parents present their case to the court that the custody arrangement he or she favors should be oredered by the court.

These happen every day in Family Court here in NYC.

You are welcome to a consultation for no fee.

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Answered on 3/10/05, 1:17 pm


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