Legal Question in Family Law in New York
How can a father gain custody
ibeing the father was attack with a knife on 4/30 my daughter mother was arested and spent the night in jail. I went to court and had an order of protection put on my self and my daughter. i aslso went to family court and filed for residental custody. My daughter has always lived in my home. I now have five police reports againts her from harassment to violting the protection order.I was trying to be the good parent so i set up vistfor my mother and daughter it was from 3pm to 9pm and she never returned her. She has made threats. So she kept calling my work, and home so she was arested and spent a second night in jail. The parent are holding my daughter until she get out. I went with the police but they told me that i neede a court order I need help.
2 Answers from Attorneys
Re: How can a father gain custody
You need to go to family court immediately. I would strongly urge that you hire an attorney and ask the attorney to file a document called an "order to show cause" with a petition seeking immediate custody of your daughter. It certainly sounds like you have a strong argument that you should have custody. Good luck.
Re: How can a father gain custody
If you are referring to your child's grand parents, the Grand parents do not have a natural right of child custody over a natural parent; and you may proceed to Family Court in the County or borough where you live, and file a Habeas Corpus Petition for the return of your child from the grandparents.
Please note, you should carry with you to the Clerk's Petition office, your child's birth Certificate, indicating that you are the father and other document proof that the grand parents are "illegally" withholding your child from you.
A Habeas Corpus Petition is usually a faster process and is appropriate if the persons holding the child do not have a legal right to hold the child, from the parent.
At the same time that you file the Habeas Corpus Petition against the grand parents, you should probably file a Custody Petition against the mother; and have her served in jail, if necessary.
Please Note: if you have not been deemed the natural father of the child, either by marriage or Court Judgment, you will also be required to file for a Paternity or Filiation Petition.
Since, Family Court is a "Pro Se" Court, if you have your documents, other proofs and can present yourself as responsible, etc., the Clerk's will assist you in preparing and presenting your Petitions, as suggested.
Good Luck!
Phroska L. McAlister, Esq
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