Legal Question in Family Law in New York

Maternal Custody with Order of Protection against biological father

My son was born in 2001 at which time there was an Order of Protection in place between my son's father and myself and any immediate family members. It has been almost three years since my son's birth and his father has not been an active part of his life. I want to go to court for custody with no visitation for his bilogical father. What are the chances of the court granting his father visitiation. His father lives out of County, and I am anticipating moving to Florida next year, will the court refuse my move?


Asked on 8/24/04, 9:41 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Maternal Custody with Order of Protection against biological father

You already have custody of your child, the father is not seeking visitation; and presumably no court order presently exists that prevents you from living with your child anywhere you choose.

Therefore, avoid antagonizing the father by attempting to terminate his parental rights (which you cannot do anyway); and DO NOT start a Court Action in anticipation of what might happen in the future.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 8/25/04, 1:15 pm


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