Legal Question in Family Law in New York

The mother of my son claims she has sole custody of my son

My ex, the mother of my 3 year old son claims she has full custody of my son. We had a child out of wed-lock, however we lived together for 21/2 years. I don't recall ever signing any papers giving her sole custody, so how did she get sole custody? How can I find out if she really does have sole custody? If she does have sole custody, can she just move to another state with my son?


Asked on 8/01/06, 7:38 pm

1 Answer from Attorneys
Seth Kaufman Kaufman PLLC

Re: The mother of my son claims she has sole custody of my son

If there is no order of custody and the child has been living with the mother, then the mother has "de facto" custody (as a matter of fact, or practically speaking). If you wanted to get an order for some form of custody, including visitation, you would need to establish paternity, since you were not married. It is important for you to know that if there are issues concerning support, custody and/or care of the child, you must do certain things in a timely manner to protect your rights. I suggest you contact a qualified attorney immediately to discuss your situation in detail.

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Answered on 8/04/06, 8:09 am


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