Legal Question in Family Law in New York
custody and visitation
My son is currently incarcarated and he has a 4 year old son who mother is trying to get full legal custody of to stop him from having visitation with his father. The mothe went to the jail and started a confrontation which ended in him striking her, and tapping the baby for not listening. Which I believe she did to enhance her ability to get his visitation revoked and full custody. Is there anyway I as grandmother can step in on my son's behalf and get joint custody and visitation, because the mother won't let me see the baby either when she's upset with my son.
2 Answers from Attorneys
Re: custody and visitation
I agree with Mr. Markowitz.
To carry your question further, you have "grandparent" rights and can petition the family court for either custody or visition on your own merits.
In this case the probems of the son are not your problems with regard to seeing or having custody of your grandson.
If you would like to discuss this matter further, please fee free to contact me.
Re: custody and visitation
Why would you subject your 4 year old grandson to see the father's incarceration? Don't you think that may be very upsetting to a young child? Nevertheless, based on your question I think that your son needs a lot of help. I see no reason - even the mother verbally assaulting the father - for the father to physically strike the mother (or the child).
You cannot petition the court on your son's behalf. However, even in prison the son can petition the Family Court - for what it's worth - for custody and/or visitation.
I think your son would have a better chance with visitation if he takes anger management classes before he petition's the Court.
Mike.
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