Legal Question in Family Law in New York

Good Day,

I am a mother of a 3 week old baby. The father has threatened me during my pregnancy and now to take the baby from me. I am afraid that he would do so and I would never see my son again. We are not married. He has other children and has been taken to court for child support by one of the other mothers. He has three children in total excluding my son that are in need of a home and proper care that he is not trying to help. He also continues to engage in alcohol and he was in a program before to quit the habit but he has started drinking again. Can he get custody of my baby even though he owes child support and is not making any payments to his other child?

Thank you,

Kelly


Asked on 7/07/10, 10:41 am

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

First, if the baby lives with you and you are the primary care giver and you do not have anything in your background to give the court a major reason to make a change then the chances of the court giving custody to this person is extremely remote. You should consider filing a petition to declare custody but remember he will bring an opposing action and also request visitation with the child.

If you would like a free consultation, you can contact me at 516-746-4747 or [email protected].

Joel R. Salinger

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Answered on 7/07/10, 7:19 pm


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