Legal Question in Family Law in New York
File for Custody
Does a baby must be born before an order of custody can be filed? If 2 parties have agreed upon a custody situation, can the parties have documents drawn up with a lawyer and signed without a court hearing?
What steps need to be taken?
2 Answers from Attorneys
Re: File for Custody
congratulations on the upcoming birth. I don't know if this is desired or not, but a new life is often a good thing!
For the court to issue an order, there must be a child separated from the mother. On the other hand, you may make any arrangements between you that you find best and, after the child is born, you can then have the court confirm the agreement as an 'order'.
But the agreement is 'mostly' binding even without an order.
The agreement must be in writing and include acknowledgement by the father and be consistant with the law (best interests of the child).
You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786
Re: File for Custody
you are on the right track. A pre arrangement will save alot of grief later on I have done such agreements and can discuss all of the ramifications. you can call for free consultation at 212 683 8677
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