New York Child Custody Legal Questions

Hi You appear now to be on notice that your son's father is abusive and probably addicted to some substances.   That he drove drunk with your son in the car is very, very bad.   If he is using cocaine, alcohol and/or other substances, it is your obligation to bring an application in Family Court to modify his access to your child, seek to have him drug tested (randomly too) and seek to have his access to the child supervised. You have a witness.  It sounds like she is pretty reliable because she felt compelled to protect your child.  Please don't be afraid of him.   If you are, get an order of protection.   Just make sure your child is protected also. Hope this helps Ilysa Magnus  ... Read Answer

Generally it is a good idea to have a lawyer from the start of the case on, so that the attorney can provide consistent representation. If you attend the hearing alone, you can always ask that the Court give you time to find a lawyer and request that nothing happen until you have one. Good luck.... Read Answer

Yes. The child's father and mother have equal rights to custody, until a custody order is made by the court. You should consider pursuing a custody order, and possibly a child support order if he isn't paying support. These types of threats can be a form of domestic violence because you are in fear of asserting your right to establish custody. It sounds like a pattern, since you have made and withdrawn four cases. Without a custody order, the police have no way to determine where the child actually resides or which parent should keep the child. Good luck.... Read Answer

The children's father has the right to visitation. Unless he is abusive or otherwise unsafe, the court will continue to give him the opportunity to establish a relationship with his children. Inconsistent visitation doesn't rise to the level of termination of rights. Unfortunately, it doesn't sound like he's been a good parent. You might consider a petition to the family court to suspend his visitation.... Read Answer

Is to bring your own petition to relocate.  It's always a good idea that, when you are planning on leaving your location and taking your child that you seek the Court's permission to move.  If he's already moving 6 hours away, access to the child will be very, very difficult for him -- so i am not sure what his problem is other than convenience for himself or just to keep you put. If, in fact, you have greater opportunities elsewhere and can demonstrate that the move is in your chlid's best interests, then you need to bring an affirmative application to relocate.  You need to say that the relocation is not intended to prevent him from seeing the child, but because he's already going so far away, you need to get your child into the best situation for him going forward.  Dad is going to have to travel to see him, one way or the other.  It will sound to a judge that he is simply being punitive. But i don't want you doing anything that will get you in trouble -- make that application first Good luck Ilysa... Read Answer