Legal Question in Family Law in New York
Temporary custody
I would like to get temporary custody of my son. His mother and I were never married, however we did live together. I have had a paternity test to establish that I am his biological father. I believe my ex is neglectful of my son and his health. What are my options to get temporary custody and is her lying about his health (shots, dr.'s name, and office visits) enough to start a battle for temporary custody?
2 Answers from Attorneys
Re: Temporary custody
Custody is awarded based on the best interest of the child. Factors which influence the court to come to that conclusion include neglect, abandonement, unfitness and other "extraordinary circumstances". If you believe you have evidence of the existence of the above then you can apply to the court for custody.
You can call me on (718) 715-0514 to discuss this matter further.
Re: Temporary custody
You have standing, as the natural parent, to seek receipt of any all info about your child, concerning School, medical afterschool activities, camp, diet; and so forth.
You can seek inclusion in the school parent teacher's conferences, doctor reports, etc..
Only after you have sought and obtained some or all of this type of info about your child, should you seek court redress, IF FOUND OR THOUGHT NECESSARY BY THIRD PARTIES.
Negotiate first, in good faith.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ