Legal Question in Family Law in New York
Getting Sole Custody
Unmarried single mother here. The father recently arrested in
Pennsylvania, faces 2-4 years of jailtime. I want to get sole custody
of my son to move forward with our lives. History of domestic
violence, order or protection and everlasting conflict with how to
raise our son.
Can I get anywhere by starting sole custody proceedings while the
father's in jail or will they wait until he's released. Also, does him
being in jail make my chances stronger for winning? Will consideration
be given to Pennyslvania laws vs. New York laws if I start this
process?
1 Answer from Attorneys
Re: Getting Sole Custody
Don't wait. For NY to acquire custody jurisdiciton, the child must have resided here for at least six months.
Even if you fall short, you may be eligible under the Emergency jurisdiction of the court.
Be sure to get a child support order now, so the arrears can start to accumulate. You will be able to collect when he has any money.
If you wish to discuss this with me privately, please call to schedule a consultation.
I practice in NYC and Long Island.
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