Legal Question in Family Law in New York

military mom

I was just honorably discharged from the US Navy. While I was in, we got called to war. I gave power of attorney to my 3 year old sons paternal grandparents while I was out to sea for an undetermined amount of time. I got out of the Navy in August. I have tried to contact the grandparents (I kept in touch via email while at war) but they will not return my calls. I have just recieved papers that my sons father is trying to take custody of our child. I live in Michigan now, and recieved the court papers 12 days before the court date. I cannot afford a lawyer and I know they have one. What rights do I have and what do I need to take with me(paperwork wise) when I make this trip to New York to fight for my son? A response would be greatly appreciated. Thank you.


Asked on 1/11/04, 8:39 pm

2 Answers from Attorneys
Seth Kaufman Seth M. Kaufman

Re: military mom

I need more details to properly assess your case. Where did you and your children live before you went into the Navy? What were the roles you, the father and his parents played in the child's care before you went in? In NY, custody is determined on the basis of the child's best interests. Many factors are considered. I do most of my work in family court, and I work with a colleague who is highly experienced in military law. Feel free to call me at 212-367-9167.

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Answered on 1/12/04, 10:30 am
Janet Ziulkowski Ziulkowski & Associates, P.L.C.

Re: military mom

Laws vary from state to state. If NY has jurisdiction over the proceedings you should get a NY attorney. You may be able to get one appointed in NY. Call the NY bar association and they may be able to help you. good luck

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Answered on 1/11/04, 8:47 pm


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