Legal Question in Family Law in New York

Re: Mother attempting to gain custody of son is nervous...

Custody cases are often the most difficult and complex in Family Law and you should be represented by an experienced attorney. When you mention preparing for court, has a custody petition been filed? Have you asked for sole custody? I will assume that you have properly filed the papers and that you have made substantial and clear allegations about why you would be the best parent: i.e. you have cited the instances of emotional abuse in your papers, you have indicated that the father was not appropriately caring during the pregnancy, that he has not voluteered financial support or helped with visitation transportation and that you have been the sole custodial parent in fact already. You should be keeping a log on a daily basis of the father's interactions and contributions to the child so that you can present a record to the court. Most courts will not order joint custody to parents who are not getting along. They will order sole custody to one parent with visitation to the other parent. You will have to show that you are the better parent. The fact that the father's home is not up to par or that the child is not yet comfortable with the father may not necessarily work against him. But his regular lack of attention and support will. You must show that you have willingly shouldered the burden for your son as you have for your daughter, that you take him to the doctor, buy him clothes, read him stories, all of this should be in the log, kept on a daily basis.

Lastly, if you feel the threat to take your son out of the country is real, you should outline that threat in your papers and ask for an immediate restraining order forbidding the father from leaving with the child.