Legal Question in Family Law in New York

custody

I am still married but have only lived with my husband for 6 months out of the past 3 years. Now it has been 3 months since my son or I have seen or heard from him. There is a visitation agreement in place through the court. I want a divorce and I want sole custody. He is abusive and an alcoholic. How long must he go without contacting our son or myself for me to gain full and complete custody in every way.


Asked on 5/26/09, 9:00 pm

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: custody

You certainly have grounds for a divorce. There is no exact science or formula to determine custody. Generally, the Courts look toward the best interests of the child.

Mike.

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Answered on 5/27/09, 9:09 am
Antoinette Wooten The Wooten Legal Consulting, PC

Re: custody

You can file for sole custody now.

Do you have a last known address for your spouse?

Do you know your spouse's social security number?

Did your spouse acknowledge paternity of your child?

Patricia Martin-Gibbons

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Answered on 5/27/09, 10:50 am


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