What steps can I take to get full custody of my child?
My daugher's mother is abusive and I want to gain full custody. What steps can I take to get full custody? We were never married and have not filed anything with the courts yet.
Answered By: The Law Offices of Seth D. Schraier
You need to file a Petition for Custody in your local family court. As part of this process, you must show that it is in the best interest of the child for the court to award you full custody of the child. Because the daughter has been living in full custody with the mother, you have a burden of proof to show that the current situation is not in the best interest of the child. This means that you simply claiming that the mother has been abusing the child, without more evidence, would not be enough on its own. During the process the Family Court will assign a Law Guardian to your daughter, and your daughter will be able to inform the Law Guardian of the conditions or what has occurred while living with her mother.
Answer Applies to: New York
Replied: 11/15/2011
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: 11/15/2011
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 have to petition the court.
Answer Applies to: New York
Replied: 11/14/2011
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: 11/14/2011
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: David A. Browde, P.C.
A change in custody requires a petition in Family Court.
Answer Applies to: New York
Replied: 11/14/2011
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: 11/14/2011
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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