Legal Question in Family Law in New York

Child Custody

My ex and I have a 7 1/2 month old daughter. He has been incarcerated (robbery 1st) since March 2006 and will be until 2016. I do not want to subject my child to visitation in a prison. He and I have since split up and I was inquiring on whether or not I should take him to court for full custody and if so is there any way he will get visitation rights?


Asked on 12/07/06, 6:16 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Child Custody

If you are not married to your "EX" you do not need to do anything. And, you do not need to visit your EX in prison, or arrange to have your child visit him in prison, absent a Court Order, for same. Which is very unlikely to be granted.

If you are married, then you should get a divorce, ASAP, in which you include in the Judgment, the child care, custody, child support, arrangment that you may want.

Good luck,

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Answered on 12/11/06, 8:53 pm


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