QUESTION
What are my chances of winning legal or physical custody?
Asked on Dec 03rd, 2013 on Child Custody - New York
More details to this question:
Will I be able to win sole physical or legal custody of my daughter who is 5 years old. Her father and I were never married, and he did sign her birth certificate. During my pregnancy he went to jail twice for violating his probation. He was later incarcerated when she was around 6 months old, he served about a year and a half in prison. He was released, when she was 2 years old, but sent back to prison a few months before her third birthday. He has obviously never been around much to help with parenting or anything else. He has never been home to celebrate her birthday or Christmas. He is now upset about me not allowing her to visit him. I want to try to get custody of her to secure my custodial status now, and allow him visitation when he is released in 4 years. What are my chances of winning custody? Should I seek sole legal or sole physical custody?
1 ANSWER
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From the facts as you present them it sounds like you have been the primary caretaker of this child while Dad is in jail, and there is no reason based on your facts that you shouldn't have custody. You should keep in mind that a custodial parent should foster a good relationship between the child and the non-custodial parent. If he is still in jail that might complicate your filing. Talk to some lawyers near you about filing for custody and child support (support arrears only go back to the date you ask the court for child support - so file the petition to start the arrears).
Good luck!
Answered on Dec 05th, 2013 at 6:42 PM