Legal Question in Family Law in New York
both me & my son father both have joint custody of our 1 year old son he gets our son every friday at 3pm until sunday at 3pm and we share holidays and 2 weeks of vacation but i was wonding what kind of proff do i need to try & get sole custody of our son his father misses visits with our son & keeps asking for his sister to pick our son up for his visit but she gets stuck watching our son his whole visit he brings our son back hungry in a wet dipear that his father says he does not have to inform me of how ours son doing and wont tell me if our son eat had a bath or if he took his meds they let my son around the dog and he allergic to dogs his father also states that he does not have to inform me why he misses visits and his father says misses visit to hang with his new girlfriend and friends and to go to concerts his father does not know my son daily schadule before our custody order he only seen our son twice a month his whole life he some times would go a month or two with our seeing our son do i have a good chance in getting sole custody or do i have to proove more things
1 Answer from Attorneys
You need to go to Family Court and file a custody petition. You will need to demonstrate why it is in the best interests of your child to reside with you over his father if you want to win residential/physical custody. If you want to secure full legal custody (which relates to major decision making authority), then you have to show a Family Court judge why you would be the better person for that as compared to his father.