Legal Question in Family Law in New York

My name is David L. Martin Esq. I am a Divorce and Family Law attorney.

You have defacto custosy of your son. That means that you have custody because the child currently lives with you.

THe father can always file a petition in the Family Court requesting that the physical custody of the child be transferred to him. The Court has to answer one question, what is in the best interest of the child? In answering that question the Court will consider all the issues you bring up in your question. There is a process in place to determine what is in the best interest of the child. This includes forensics and a trial. The Court will also rule on the question of visitation.

The next issue is child support. The father should be paying you child support. You need to file a petition in the Family Court for child support. Remember the add-ons such as health insurance, unreimbursed out of pocket medical expenses, day care and exceptional educational exopenses, if any.

The next issue is the way the father is treating you. If you are being harrassed, intimidated or assaulted you can request an order of protection in either the Criminal or Family Court.

In the event you are served with a petition for custody you will need an attorney to represent you. If you want to file a petition for child support you can proceed with or without an attorney. The Family Court is user friendly.

If you want further information or wish to meet with me, please feel free to contact me.

Sincerely,

David L. Martin Esq.

[email protected]

516 294-8886