Legal Question in Family Law in New York

My ex-boyfriend has had nothing to do with our twin sons since they were born and they are now 5. When they were babies I was given sole custodial rights because he didn't show up to court. He was also ordered to pay support which he doesn't. He has never tried to get custody and he has other children to support. Now he claims he is going to take me to court to get custody. He is not a decent man and I do not trust him. Does he have any legal rights to the boys? Do I have any way to protect them from his influence? Also, the court order is in California where we both used to live. I have since moved to NY and he is living in Maryland.


Asked on 6/16/10, 10:58 am

1 Answer from Attorneys

Paula McGill Attorney at Law

Although you were given sole custody, custody/visitation decisions are subject to modification.

Nevertheless, you should domesticate the child support order in Maryland and file a motion for contempt in Maryland. If he seeks custody, he would have to do it in New York.

I am licensed and practice in New York & Maryland. Therefore, I am available to advise you in both jurisdictions. I would be happy to discuss the matter with you further.

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Answered on 6/17/10, 1:56 pm


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