Legal Question in Family Law in New York

Re: unmarried custody battle

If she is not letting you see the kids you should file a petition for visitation in fam court in the county where kids reside.

Question: If she is unfit, why would you even consider leaving 1 child with her?

Either she's unfit for BOTH children or she's not. If she is, you should protect them BOTH and file for custody as well.

However, since you say you love the kids yet were willing to leave 1 with her, I doubt you believe she is unfit so neither will a Judge.

Re: unmarried custody battle

You need to get a lawyer, and a grip. How are you going to decide which one you save?? Ever hear of the movie Sophie's choice?? No court would ever go for splitting kids that way. They are not tradeable and besides they are probably the best thing they have. You two can't seem to get past each other to see what is best for them.

Is the mother unfit? Being a stripper is not in anyway proof of being unfit if she has taken steps to be sure that the kids are well taken care of.

There is a thing such as a forensic exam. It is expensive. Will you be willing to pay for it??

I thought the issue was what was best for the kids. But your last two sentences give away a real problem here. YOu don't want to pay her support. How sad, for you, her and your kids.

Re: unmarried custody battle

Is your issue is to have a relationship with children, to not pay child support or to get back at the children's mother?

You should consult an attorney directly and get your priorities straight.

Spliting up the children would be the wrong way to do anything.

As for getting full custody, that is a question that takes a lot of investigation, counseling and many hours of work. You need to speak to a lawyer now.

Joel R. Salinger, Esq.