Legal Question in Family Law in New York

Re: Custody Battle

It is not good for your husband and his ex to be fighting over the child.

It is unfortunate that your husband and his ex cannot cooperate better. However, you do indicate that your husband has the child "for the holidays." This implies that he has promised the child should go back to California after the holidays, and until a court can decide the matter.

If for some reason your husband thinks it would be unwise for the child to return to California, he should hire an attorney, go to court on an emergent basis, and obtain a temporary restraining order against his ex to prohibit the child from being returned to California until the court can hold a proper custody hearing.

Under no circumstances should your husband unilaterally decide what to do, absent an attorney's assistance and the court's approval.

Re: Custody Battle

What you are describing is something that your husband should not undertake without an attorney to represent him. There is an argument that de facto custody may have already been established. That being said, deciding and formally establishing custody and visitation is prudent.

The child's input on where and with whom he wants to live may, depending on his age, intelligence and maturity, be considered by the courts. Should your husband wish to gain an Emergency Order Granting him custody until the hearing, he should seek the assistance of counsel. That matter may be heard within a few days.