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Custody for unmarried mother- New York

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  • Custody for unmarried mother- New York

    My daughter left the father of her 15 month old son about 6 months ago. It was a rocky relationship filled with domestic abuse. Our family has been supporting her financially along with some aid from the father.

    Yesterday the father was arrested for domestic abuse against my daughter. I am wondering what is the best course of action to take for my daughter to get legal custody of her son. Is a lawyer the best option or are there other options ?

    We do not know what the judge will do at this time as the father has not yet been released but my concern for the safety of my daughter and her son is paramount.

    Any advice is appreciated.

  • #2
    She needs to go file for a order of protection immediately. Are there any custody orders currently in place? If so, she needs to file a modification to custody and if not, immediately file for custody.

    Just because she is granted custody does not mean that the father will not have visitation rights to the child. A judge will be the one to determine that. If he has never been violent with the child and is granted visitation, have your daughter ask that a meeting point be set up for child exchange. My bestfriend was in a similar situation, and the judge had them meet at a family members home. She never handed the baby over, the family member took the child to the car and retrieved the baby at the car.

    Best of Luck to your daughter.
    Amateurs built the Ark, Professionals built the Titanic


    • #3
      Thank you very much.

      I am presently awaiting word from the district attorneys office and my Daughter has informed me that she is to see them on wednesday about the incident. Hopefully we will be able to get the restraining order and start the process for filing for custody.