Legal Question in Family Law in New York

Married Custody

Can an individual of a married couple with a new born child request custody of the baby without a divorce? In this particular case the mom and the father do not live together; they reside with their own parents separately. The husband sent a letter requesting custody of the child, but I didn't realize this can be accomplished if they were still married. Please explain.

Many thanks!


Asked on 9/13/07, 1:43 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: Married Custody

If the parties are living separately, custody of children can either be agreed to or by court order.

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Answered on 9/13/07, 3:28 pm


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