Legal Question in Family Law in New York

Re: Can i have my son reside w/ me ?

you would need some proof because the mother will most likely not cooroborate your allegations if she feels that she might lose custody you can call me f0or a free consultation

Re: Can i have my son reside w/ me ?

This is a serious situation and, YES, this would motivate a court to take your son from that abusive home.

The sticking point, of course, is proof. A court would not accept your unsupported statement but would accept a statement from your son.

Has there been a police report? Hospital records can be very persuasive in this situation. The court can be petitioned to request the hospital records. There are a variety of ways to identify the specific hospital.

It is not necessary that the injuries be severe enough to require medical attention. Only that some corroberation exist. Your son's statement would be important evidence.

You are welcome to a consultation for no fee.

Re: Can i have my son reside w/ me ?

You can file a motion to modify the custody order based on the domestic violence that is going on in the household. Although the violence may not be directed at your son, studies show that it could impact him and he may eventually become the target. I am available if you would like to consult by telephone (212) 371-4500.