QUESTION
Can my childs father have physical custody of our child even though I am not unfit?
Asked on Dec 22nd, 2014 on Child Custody - New York
More details to this question:
My child's father constantly threatens to take my child away from me and I have filed for custody 4 times but did not attend the court dates because he swore he would stop threatening. I am not in a good home situation at the moment being that I live with my mother and I wanted to know If he could take physical custody of my son because of that? the child is not harmed in my home, I just have no evening baby sitter at the moment because my mom is not well enough to take care of the baby. Can my child's father take physical and full custody of my child?
1 ANSWER
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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 It sounds like a pattern, since you have made and withdrawn four cases.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.
Answered on Jan 04th, 2015 at 3:43 PM