Legal Question in Family Law in New York
Stepmother recieved custody of my child
My ex-husband and myself have joint custody of our son, with residency with father. My ex & his current wife have seperated, and she has been granted temporary custody of all children, including our son, and has a restraining order against my ex. When I went to New York to see about getting our son, my request was denied. There is a ''first appearance'' scheduled in two weeks. Is there a chance that I could get my son at that time, or does he still have to be included in any following court decisions? I don't understand what a ''first appearance'' is for, or what it may accomplish. Thank you for your help.
2 Answers from Attorneys
Re: Stepmother recieved custody of my child
The Court should not even consider awarding custody of your son to the stepmother over your objection unless youare first found to have committed some act in the nature of neglect, abuse or abandonment. You should consult an attorney as soon as possible to make sure your existence and voice are known to the Court.
Re: Stepmother recieved custody of my child
You need a NY lawyer, ASAP!!!
DO NOT rely upon your status as the "natural" joint custodial mother!!! Nor, should rely on the idea that the Court does not have the right to decide that your child should remain with his "half" siblings and stepmother.
As a primary resident of NY, your child IS subject to a NY Court's jurisdiction and the temporary custody arrangement, could be made permanent, if the Court deems it appropriate.
The Court may have the authority to modify your existing NY child custody or visitation, judgment or Order, allegedly on grounds of your child's "best interests;" and on grounds that it is a NY custody judgment/order.
In the interim, you may request more time to prepare; and that the Court, allow you to "Appear" or Answer via telephone, if you are unable to Appear in NY with your attorney, the first time or at any time thereafter.
Good luck,