Legal Question in Family Law in New York

Custody for Unmarried Mother
I am in New York City. Unmarried to my son's father.
Would like to pursue sole custody for my son's best
interest. In the near future, it is anticipated that he will
be sentenced to jail time for an out of state, unrelated
offense. Because of previous domestic violence history
with me, I want to begin the process after my safety is
assured by his incarceration. Could a custody
determination be ruled upon while the other parent is in
incarcerated or would the case put on hold until he is
released. Would he be sent the necessary papers in
the mail in jail? I want this, but I am scared for our
safety while its pending.

Asked on 3/27/03, 4:18 pm

Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

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Re: Custody for Unmarried Mother

You will have no problem getting custody, whenever you file.

Answered on 3/27/03, 10:22 pm

Robert Evans Robert S. Evans esq.

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0 attorneys agreed

Re: Custody for Unmarried Mother

Yes you can petition for custody while the father is incarcerated ,the matter can be litigated in spite of his circumstances.

Answered on 3/28/03, 10:25 am

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