Legal Question in Family Law in New York

joint child custody

I am being taken to court for custody of my daughter. We are still married, but she has not filed for a divorce she only filed for custody. On the other hand, I have filed for divorce which includes joint custody and child support. Which order would be granted first? Would it matter who filed their court paper first? Would the divorce papers take precedence since everything is included and she only filed for custody of our daughter.


Asked on 6/02/03, 2:48 pm

2 Answers from Attorneys
Seth Kaufman Seth M. Kaufman

Re: joint child custody

You can ask Supreme Court to remove the custody case from Family Court, and they will probably do so. Until Supreme Court assumes jurisdiction, however, the mother's petition will proceed in Family Court, so you should move as quickly as possible to transfer the case. Please do not hesitate to call me at 212-367-9167 to discuss your particular situation and the specific steps you can take.

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Answered on 6/02/03, 10:10 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: joint child custody

The entire matter will be consolidated and dealt with by one judge in one case.

You are welcome to a consultation for no charge at my offices at 41 West 44th St., NY,NY. Please call for an appointment first. 646-591-5786.

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Answered on 6/02/03, 4:35 pm


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