QUESTION
How can I ensure that my son's father doesn't keep me from our son if I leave him?
Asked on Nov 23rd, 2013 on Child Custody - New York
More details to this question:
I live with my son's father's mother in the same apartment building as him. I'm on the 3rd floor with her, he's on the 2nd. I feel that our relationship is progressively going to get worse and that I am going to have to leave this apartment. He's already threatened that if I leave him, I'll never see our son again. His entire family lives in this building, and if I leave, they will back him up and make it difficult for me. I want to secure some type of legal help BEFORE I leave so that if he's serious about his threat, I'll be ready. Our son is only 3 months old.
1 ANSWER
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Don't leave your child there or basically you can be viewed as giving up your custody rights. If you do leave him there, you can file a petition for visitation with the family court. You may also be obligated for child support.
Your child is extremely young. Consider getting some benefits lined up or take the child with you to a shelter if things get too bad. Talk to some legal groups like Safe Horizon or inMotion or New York Legal Assistance Group.
You should realize that you do not have to depend on him or his family. You can figure out daycare options and take care of yourself and your child.
Good luck.
Answered on Dec 01st, 2013 at 4:07 PM