Legal Question in Family Law in New York

unfit custodial parent

My daughter's mother is UNFIT, she is the subject of MANY CPS reports. she recieves welfare, but still cannot provide for my child,I have my child 99.9 percent of the time, and support her fully plus pay child support. I strongly believe that my child is being neglected when she is with her mother. My daughter's mother has all custodial rights, I have a court date for 4\20\04, Would it be legal for me to keep my daughter in my safe care until the court date?


Asked on 3/21/05, 2:43 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: unfit custodial parent

It is NEVER advisable to act EXTRA-Legally. Further, keeping your daughter from her "custodial" mother, probably would not help your case or petition for sole custody.

However, If you honestly believe your daughter's health safety and well being in danger, in the meantime, by remaining with her mother, you have an affirmative obligation to obtain "legal" assistance in removing your child from the danger.

Try going to family court for expedited process or calling your lawyer.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 3/26/05, 4:41 pm


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