Legal Question in Family Law in New York
Getting Legal custody
I am not married to my son's father. He disappears & reappears
whenever he likes and is currently literally, living the carnival life
across the country, in business for himself. And when he does
reappear he pretends to be an active participant in our son's life and
demand decisions that block plans already set in motion for my son
(i.e, school, etc.) I would like to pursue legal custody, sole custody -
whatever would appoint me exclusively to shape his young life. Does
his disappearing father have to be physically present to agree to
this. Must the court find him first before I proceed with filing for
this? Half the time, I dont even know what state he's in. He hardly
ever calls to let me know what's up or where he is or to talk to our
son, sends little - no money. I want to get on with my life for the
sake of my son and not have him emotionally hurt by a yo-yo, come &
go father.
2 Answers from Attorneys
Re: Getting Legal custody
Suggest you file a petition for custody with the Family Court. While you are there, file one for Child Support.
If you wish to discuss this with me privately, please call to schedule a confidential consultation.
I practice in NYC and Long Island.
Re: Getting Legal custody
You have the right to apply to the court for sole custody. In order to begin the proceedings you would need to serve papers on the father. There are ways to accomplish this short of serving him personally. You should retain a knowledgeable lawyer to help you with this.
Jeremy Morley, Morley and Trager, 230 Park Avenue, New York, NY 10169
www.international-divorce.com
888-3931923
jmorley @bigplanet.com
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