Legal Question in Family Law in New York
child custody/support
the father and i were never married, already broken up prior to my finding out i was preg. son has my last name, but father signed the birth cert. filed child support when baby was 2 mos. father never paid, but his pay check was garnished and then he 'went under the table'. child support says he no longer works where he said. i filed for custody, he shows up wanting visitation. last he saw the baby was 2 mos, then again at 15 mos(i think). no call no nothing.
what are my chances of getting sole custody? can he 'demand' where the visits happen? we got a temp order of visits in MY home. to which i agreed as my lawyer was 'rushing' me into working it out before we get to the mediator. i didnt want to but i agreed.is there any place where visits can happen? i have no close friends or relatives nearby, and i cant let him take the baby for he is a stranger to my son. i felt if he wanted to see the baby, he wouldnt care where the visits happen.can i mention in court that he doesnt pay child support, only to show hes shows no interest in making sure the baby is provided for?
pls help
2 Answers from Attorneys
Re: child custody/support
This is a difficult situation. It must be very hard for you to give a man you do not trust access to your child.
Regarding an award of custody, it is extremely unlikely that anyn court in the United Staes would award custody to an unmarried father who is in arrears on child support.
The visitation issue is completely different. There a court tries to encourage the father to participate in the child's life. To override that principle, you must show more than merely an arrears of support. Here you must show that the man would be a bad or destructive influence on the child.
Although an up-hill battle, it is possible to win this fight. Just remember: the impact on the child of this man is where this battle must be fought to the judge.
You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029
Re: child custody/support
I need more details to properly assess your case. From the information you provided, you seem to be in a very strong position to be awarded sole custody. Generally, the courts prefer a child to have contact and a relationship with both parents, and it the father presumably had at least some interest when he acknowledged paternity. The may continue to limit or restrict visitation while father and some become acquainted and father shows that he can care for the boy. Feel free to call me at 212-367-9167 to discuss this further. I do not charge a fee for the initial consultation.
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