Legal Question in Family Law in New York

Re: unmaried parents right to custody

I am sorry that this has become a meaningful option for you. Two parent households are often best for a child.

Unscrupulous lawyers generally advise their clients to prepare for custody hearings by establishing a separate household and denying access to the child to the otrher parent for six months before litigation begins.

The separate household can be established by you moving out or by filing for his eviction (ejectment) in Housing Court.

There are other options. Joint custody is one. It might be best to sit down with a lawyer before making any final decisions of strategy.

You are welcome to a consultation for no fee. Please make an appointment by email.

Re: unmaried parents right to custody

Generally, Courts attempt to maintain the environment and routine that is most familiar to the child, notwithstanding the parent's individual desires for change.

Thus, to the extent your present arrangement is safe and healthy for the child; and workabable, in the event of your parting, the Court will probabably insist upon your child care arrangement continuing, because the "best interests of a child," tends to be realized by routine and stabilty.

Therefore, it is likely you will continue to have your child with you, evenings and weekends, while the father has him during the day.

Please note that the end of YOUR relationsip with your child's father, should not signal the end your child's relationship, or the frequency of contact with his father.

So, to the extent you attempt to "control" "change" or "limit" your child's relationship with his father, or consider it merely an extension of your relationship with the father, you will lose in Court, fail as a mother; and run the risk of entirely eliminating the father from your child's life, due the resulting resentments.

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Work out the particulars of a "joint custody" arrangement, with the understanding that your child's best interest's are more important than which parent is the primary "boss" of the child.

Good luck,

Phroska L. McAlister,ESQ