How do I get custody of my child?

My son is almost 9 months old now. His father has not been in his life, and can't support him financially even though we are still married. He has only seen my son a handful of times, and not once has bought anything for him. He has told me on many occasions that he wants to sign his rights over, however now he won't. How do I get custody of my child? We are not divorced and I am considering that too.

Share |

Answered By: Law Office of Pashan Movasseghi, Esq.

If you are still on the fence about the divorce issue, you may wish to consult with a family law/matrimonial attorney and discuss seeking custody through the Family Court.

Answer Applies to: New York
Replied: 10/31/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Ruiz Law Group, P.C.

You need to file for custody of your son.

Answer Applies to: New York
Replied: 10/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Offices of Seth D. Schraier

You must file in your local family court for legal sole custody of your child. You can see what information is needed here: http://www.nycourts.gov/forms/familycourt/pdfs/GF-17.pdf. Here are some FAQs regarding the petition for custody: *Who May File a Petition for an Order of Custody?* A parent, grandparent or a person with a substantial connection or relationship with the child may file a petition in Family Court requesting that the court place the child in his or her custody. A copy of the petition and a summons must be served upon (delivered personally to) the person or parties who presently have custody of the child. If the child's parents are separated and one parent seeks a custody order, that parent must have the papers served upon the other parent. If a non-parent is seeking custody of the child, then both of the child's parents must be served. There are no filing fees in Family Court. *What Happens at the Hearing?* If the parties agree about custody of the child, the judge may take testimony from both parties and enter an order of custody on consent, without the need for a formal hearing. If the parties cannot reach an agreement about custody, the court will hold a hearing, taking testimony from both sides, and may appoint a lawyer to represent the child. The court may order an investigation and report from a social services agency or mental health professional. After considering the evidence presented, the court will award custody based upon what is in the child's best interests. In some counties in New York City, a custody or visitation case may be heard by a Family Court "court attorney-referee", who may hear and decide the case and issue orders. *What Happens If One Side Interferes with the Custody or Visitation That Was Ordered by the Court?* If a court order gives certain custody or visitation rights to a party and the other party fails to obey the order, the complaining party may file a petition alleging a violation of the order. After the court holds a hearing, the judge may change the order and/or impose sanctions on the party who has failed to comply with the order. *Are there ways to settle custody/visitation cases without going to trial?* When you come to court about custody or visitation with your child, you may have a choice: whether to litigate your case before a judge (or referee) or to have your case referred to mediation. Mediation is a free, voluntary and confidential process where you and the other parent work with a neutral mediator to create your own parenting plan.

Answer Applies to: New York
Replied: 10/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.