Legal Question in Family Law in New York

Legal Custody of my child

I'm a single mother and within the law want to know if I can become the ''Legal'' guardian of my child. Her father and I have been separated since our child was born and currently have an arrangement (no courts involved) for him to have visitation rights of our child. Our child is allowed to go with him every other weekend to his home. However, he has become very deceitful as to where he stays with our child lately. He lives in New York but I found out he's been staying in Jersey with our child. I'm concerned about our child's living situation when our child is with him. Do I have a case?


Asked on 1/02/03, 9:34 pm

3 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Legal Custody of my child

Yes. You can petition the Family Court for an order allowing you to be the custodial parent with the father being granted visitation rights.

The court that you would have to file the petition with is the Family Court in the County where your child presently resides. You do not need an attorney since there is an "intake" room that assits you in preparing, filing and serving the petition.

Mike.

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Answered on 1/03/03, 8:41 am
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Legal Custody of my child

You need a court order giving you sole custody.

The terms of the father's visitation can also be spelled out in the order.

While you can go to the Family Court on your own, it is much easier if you have an attorney with you.

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Answered on 1/03/03, 9:01 am
Gary Moore Gary Moore Attorney At Law

Re: Legal Custody of my child

Call me at 800273 7933 to discuss your question.

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Answered on 1/03/03, 10:07 am


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