Legal Question in Family Law in New York
Legal Custody Question
I want sole custody (legal and physical) because it is in the best interest of my child. I have an order of protection against my
almost ex husband and a vacate order. He's not allowed to be near me or my home. He had supervised visitation but only saw my son 2 times. Supervised visitation has been lifted as long as he and his parents (my son's grandparents who live near him) comply with the safety agreements the law guardian put in place. I have had physical custody of my son for 2 months now. As you can see, my ex's decision making is very poor. He even tried to stop me from taking my son to the doctor when it was necessary, etc. Anyway, I am being told that legal residential custody with me having ''final say'' once I inform my husband is what I should go for and will easily get. I am being discouraged to fight for the words ''sole custody''. I really feel that me having sole custody is in the best interest of my 4 year old child. I have always taken care of him and protected him from dangerous situations my almost ex husband and his family have put my son in. What are my chances of getting sole custody? What is the real reason my lawyer is advising my not to push for sole custody (as she says,I'm fighting for a word). Not to me!
1 Answer from Attorneys
Re: Legal Custody Question
Your lawyer may feel that taking this position makes you appear difficult and uncooperative, or there may be other reasons why (s)he is motivated to get you to settle by agreeing to some form of joint custody. Joint custody can mean whatever the parties agree it to mean; for example, the essential elements of sole custody can be effectively written into a joint custody agreement/order. You should formally consult in detail with another attorney to get an informed second opinion. Feel free to call my office to discuss.
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