Legal Question in Family Law in New York
Fighting for joint custody
I have a court date scheduled for 4/24/93 for child support. He did go to the hospital and signed the babys birth certificate. I had a baby on 1/14/02. The babys' father was not there during my pregnancy and has seen the baby 3 times after his birth. He has never given my baby a cent. He heard that I was thinking of moving to another state and said that on the day we go for child support he is going to ask the judge for joint custody because he doesn't want me to take the baby out of the state. I do not understand why because the doors of this house have been opened for him to see the baby, he doesn't see him because he didn't want to. Also he is living with this girl that is kind of crazy and has threatened him with a gun. That has called my house and told my daughters that she knew to what school they went to and she was going to hurt them. I do not want my son going to her house (they are living together).I would like for him to meet his son at his mothers' house.
My question is what would happen to me if I don't show up in court? I do not care about the money.
If I do have to go what can I say so he doesn't have joint custody? I want full custody and he can get visitation rights.
2 Answers from Attorneys
Re: Fighting for joint custody
1. Go to the court date. You don't care about the money now, but your child is very young, and someday will want to go to college.
2. If the father brings up the custody matter before the hearing examiner, it will not be ruled on. At most he will be told he has to file a different petition.
3. Go to court and file a petition for sole custody. If you cannot afford an attorney, ask the court to appoint one for you. It will do so if you meet certain financial qualifications. I have seen a client who did not get sole custody dragged into court over a period of years, because the father solely wanted to harass her. He ultimately got the child. Get sole custody NOW.
Re: Fighting for joint custody
You are scheduled to see a Hearing Examiner in the Family Court on 4/24, not a Judge. Hearing Examiners hear child suppport cases, not custody cases.
If you fail to appear, the petition will be dismissed and you will receive no child support. However, the child's father can still file for custody or visitation, if he is so inclined.
It is rare that a single father would get custody of an infant, but he could expect to receive visitation.
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