Legal Question in Family Law in New York
I have a family law case coming up its about joint and physical custody for my 13 month daughter. I've been there for my daughter from day one and she is provided with everything since day and until this day. I have proof and all.. her father is try to file for joint and physical custody but he doesn't even know her. Nor want to get to know her. He is only filing because i took him to child support. How can i beat me cuz my daughter doesn't do well with stranger nor new environment
2 Answers from Attorneys
You should think about retaining a lawyer, especially if he already has one.
Also, it appears you have the evidence. Now, you should consider your witnesses to testify to the fact that he did not visit your daughter and did not want anyone to do with her until you filed for child support. Also, you should have witnesses to testify to the type of mother you are.
Even with that evidence and witness testimony, except under unusual circumstances, he will have some visitation rights. It may start out as supervised visitation once or twice a month and expands as your daughter becomes used to him.
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He will have some visitation which may start out as a few hours a week. A family law attorney can help with a parenting schedule. Otherwise a judge who is unfamiliar with your case may order overnight visitation on the first court date.