Legal Question in Family Law in New York
can deadbeat dad just stop by?
My sons father has not seen him willingly in 4 years, meaning the only time he has seen him is if I go to one of the fathers families house and the father happens to be there. No one has paper custody of my son but he does live with me year round. If I take the father to court will I be guaranteed custody? Also does he have the right to just stop by my house at any given time, or does he have to call first? please help me
2 Answers from Attorneys
Re: can deadbeat dad just stop by?
I would suggest you retain an attorney and try to negotiate a visitation plan and a custody agreement. The fathers conduct indicates he is not really interested in either and therefore an agreement will probably be quite simple.
Re: can deadbeat dad just stop by?
There is no guarantee that you will be granted custody but, based on the facts as set forth in your question, I would say that the odds are in your favor. The Court makes custody decisions based on the "best interests of the child". Factors such as those set forth in your question will be considered by the Court.
Your ex does not have the right to just stop by your home. You would be entirely within your rights to demand that he call you first before stopping over.
Good luck!
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