In order to gain shared custody of my son, would I have to prove the mother unfit?
In order to gain shared custody of my son, would I have to prove the mother unfit? The only reason she was awarded sole custody in the beginning is because I screwed up the dates and showed up to court a day late. Since then she has refused to let me see my son "because she can" (her words). I have a motion regarding custody all filled out, along with a factual document about how I am equipped to take care of my son. One on how it would be in his best interest to have his father in his life, and a parenting plan that starts off with a phasing in process due to lack of contact between him and I. I do not know what else I might need. I do not want to be laughed out of court.
Answered By: Law Offices of Andrew J Spinnell, LLC
No you do not need to show the mother is unfit but to show that it is in the best interest of your son to be with you also and to have joint decision making. Show the court that you are more knowledgeable in, for example, after school activities such as sports, recreation, or even education.
Answer Applies to: New York
Replied: 12/13/2011
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.
Answer Applies to: New York
Replied: 12/13/2011
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.
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