Legal Question in Family Law in New York

I was married 6 months after my daughter was born and now we are separated almost 2 years and people tell me that both of us have custody of our daughter is that true?


Asked on 10/13/09, 12:25 am

2 Answers from Attorneys
Antoinette Wooten The Wooten Legal Consulting, PC

Unless one of you has been awarded sole custody of the child both will be deemed to have custody.

You can petition the court for sole if you so desire.

Patricia Martin-Gibbons

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Answered on 10/18/09, 11:25 am
Michael Markowitz Michael A. Markowitz, PC

You have "de facto" custody. This is not legal custody, just custody of fact.

Mike.

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Answered on 10/19/09, 8:35 am


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