Legal Question in Family Law in New York
Father trying to take child away from Mother with cancer
As sick and twisted as this sounds, a week after my fiancee had preliminary surgery for cancer, her son's father is taking her to family court to get Sole custody of their son. Is this even possible? She is not incapacitated. I watched her son for a week when she went to the hospital so he would have the same routine and stability...the father consented all the while doing this underhanded tactic.
I just don't see how this is plausible and what are the reprocussions on him for causing her MORE stress during a very highly stressful situation? Can she ask for supervised supervision (he has 2 days a week and every othe r weekend now) Can she sue him in civil court for emotional hardship and court costs for hiring a lawyer?
1 Answer from Attorneys
Re: Father trying to take child away from Mother with cancer
The Court will consider the father's petition in light of the child's best interests, not the mother's. That being said, the tactic does sound underhanded, as you put it, and your fiancee can ask the Family Court to award her legal fees in that proceeding. Imposing supervision or other restrictions on visitation must be warranted by facts which you have not described. Your fiancee should consult with an experienced family law attorney as soon as possible to get an accurate assessment of her case and advice on how to proceed.
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