Legal Question in Family Law in New York

my daughters mother told me today my daughter can't come to my house anymore because her mother got into an argument with my fiance ( whom ive been with for 5 years). my daughters mother has no job and no home of her own and is continuously getting kicked out of the apartments she finds. what are my chances of getting custody if I've been with the same woman for 5 years and we have a 3 yr old together and have had the same steady job for over 2 years?


Asked on 3/05/11, 5:00 pm

1 Answer from Attorneys
Paula McGill Attorney at Law

You omitted an important fact --- Is there a custody/visitation order already? If so, the mother cannot withhold visitation from you. If she continues, you file for contempt.

In any event, you can file a petition for custody. The judge examines the living situation of both parents, among other things,, and then determines what is in the best interest of the child.

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Answered on 3/05/11, 7:10 pm


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