QUESTION

Need information on how to go about getting custody of my daughter from her mother.

Asked on Jun 14th, 2017 on Child Custody - New York
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1 ANSWER

Civil Rights Law Attorney serving Rockville Centre, NY
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If there is no custody order in place you can file a petition for custody in the county where your child resides. If there is one in place, if you can prove violations and/or substantial change in circumstances of the custody arrangement to the detriment of your child since the time the order was made, you may be able to get a change of custody. If you cannot work out a parenting and custody agreement with the mother in court the matter will be set down for a hearing where you both have the chance to present evidence. If the child is old enough the child may give testimony but vastly preferable is a Lincoln hearing- where the child speaks privately with the judge and is not subject to being literally put in the middle of the litigation between the parents.  The court will appoint an attorney to represent the child. 
Answered on Jun 15th, 2017 at 6:26 PM

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