Legal Question in Family Law in New York

child custody

i need to know if a mother with primary residency and a joint custody arrangement is in danger of losing custody if she is experiencing criminal legal problems? my daughter's father is threatening to sue for full cystody if i don't turn over primary residency to him. he has never paid support for her and resides with his parents. he is 41 years of age. my daughter would be sharing a room with her father at his parents house. i have had to move several times due to finacial distress. will this be a determining factor? please help as i am very distraught at the thought of losing her. thank you


Asked on 2/17/04, 12:46 pm

3 Answers from Attorneys

richard feldman richard d. feldman

Re: child custody

the best interest of the child is always the first consideration. However you should be seeking child support asap

you can call me at 516 410 4001

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Answered on 2/17/04, 2:23 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: child custody

Go to legal Aid or Legal Services in your area. they will help you.

good luck.

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Answered on 2/17/04, 2:26 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: child custody

If you were receiving support, then it is likely some of your financial distress would be relieved.

Your child is entitled to receive child support from her father, if her primary residence is with you. And, it is your obligation to see that she receives her entitlement. So.... get thee to the Family Court in your county; and file a Petition for Child Support ASAP.

You cannot prevent him from filing a Petition for custody. You can only do the best for your child that you can; AND.... defend your child's right to have the best life she can.

The Court can appoint you an attorney if you cannot afford one, if a custody proceeding is commenced. But you will have to prove that you are without resources to defend on your own. (Atty appointment tends to apply to persons receiving unemployment or public assistance, but not necessarily.)

The court can also require your child's father to pay for your own private attorney costs, if the court deems he has sufficient resources and you don't.

GOOD LUCK,

PHROSKA L. MCALISTER, ESQ.

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Answered on 2/17/04, 4:53 pm


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