Legal Question in Family Law in New York
Custody problem
My ex boyfriend and I have a child that was severly premature. We split right before our son came home form the hospital he chose to move 200 miles away and wanted to bring him there every week I said no. I filed for custody and recieved temporary custody also I filed for a restraining order (B) I think it was we can see eachother but no haressment. I was appointed a lawyer and she does not seem to know what she is doing she is very young I asked her about the Indian Childwelfare act and what she knew about it and she said that we could be moved to tribal court. The babies father is Native I am white(Polish). I have no money for a good atterny and I do not know if there's anything I should be worried about. From what I've read I should be fine. Also I want the baby to have a stable home my ex is renting a room and I don't even know how long that will last he only just recently go a job. But he is not a stable person. I have a apartment (my mother owns and lives upstairs) I do no plan on moving to anywhere until I am able to buy a house. I want physical custody with visitation for my ex what are his chances. Thank you in advance if anyone is able to help me.
1 Answer from Attorneys
Re: Custody problem
Courts rarely grant custody to a single father, of an infant born out of wedlock. So, it is likely you will be granted cusotdy of your infant child.
In addition, Tribal Courts have traditionally given women more respect and consideration, in all aspects of their lives, than European systems ever have. Therefore, your concerns about that aspect of this matter is overblown.
However, that does not mean you will be able to dictate the terms of your child's visitation with the father. Or attempt in any way to interfere with the father's relationship with his child.
As long as the father is believed by the Court, not to be a threat to the health and safety of the child, the father will likely be granted fairly liberal child visitation, that will include overnights, weekends, holidays and vacations at HIS home, away from you, your home and family.
Your lament that the father essentially is "unstable" or unsuitable parent for your child to be with, w/o more, could prejudice your case. Please remember, YOU chose him. And, the Court will remind you of that fact, as an illustration of YOUR judgement.
Good luck,
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