Legal Question in Family Law in New York

Visitation/Custody of son
My son's father is taking me to court to try and get joint custody or visitation at the least. He just met my son in 2005 for the first time after the paternity test proved he was, in fact, his child. He didn't start coming around until 2007 and it's never consistent. He'll go up to a month with no call or visit. He never has paid his child support on time and is in arrears again. I have full custody and have since day one. He's doing this because his mother wants the take my son during his scheduled visits if he gets them, obviously I can't prove that though. What are the chances he'll get joint custody or visitation? Will this stop me from being able to change my son's name to my married name? My husband has been there since my son was a year old and now my son wants to take his name. Should I get my son a law guardian to speak to? He's very upset about things his father has said to him and tells me he's really confused about it, he's only six.

Asked on 12/07/08, 3:22 pm

Michael Markowitz Michael A. Markowitz, PC

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Re: Visitation/Custody of son

Q. What are the chances he'll get joint custody or visitation?

A. It depends on whether visitation with the child is in the best interest of the child.

Q. Will this stop me from being able to change my son's name to my married name?

A. Probably yes.

Q. Should I get my son a law guardian to speak to?

A. Yes. However, the law guardian would be appointed by the Court.

Mike.

Answered on 12/07/08, 7:22 pm

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