New York Divorce Attorney Examines Child Custody Without a Court Order
What is my right?
Question:
My mother watches my son on Friday night into Saturday afternoon. After some confusion and manipulation and my child’s father actually trying to all daycare and go take my son with out my permission I told my mom that unless I tell her otherwise Brandon is not to pick up our son tomorrow. And she aid okay I just read her text conversation with him and they have been plotting and planing behind my back for over a month. Talking crappie about me. And now she is making arrangements for him to come get him behind my back and lying to me. What can I do? Can I ask the police to intervene? Please tell me there is something I can do. No custody order in place through the courts yet just the one that we made. The father picking him up with out my permission behind my back is not okay. Can I stop her?
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Answer:
As a dedicated New York Divorce Attorney, I often handle child custody situations. When there is no court Order, both parents have an equal “right” to the child. Unless there is an Order of Protection keeping the Father away, the police will not get involved, and will likely simply refer you to file for Custody in Family Court.
If your mother is allowing the Father to take the child over your objection, you should seek out an alternate childcare provider. You can stop your mother by removing her from the equation, as your mother does not have any custodial rights or authority over your child. If cost is an issue and you are income-qualified, DSS may be able to provide you with lower-cost options for childcare. Most daycare centers have very strict rules about who can release children, and will only release children to individuals specified by the parent who registered them.
If, however, this is becoming a power struggle over who can “take” your child, your best option may be to Petition for Custody in Family Court, so that the court will determine custody and set a schedule for access to the noncustodial parent.
Are you dealing with an uncompromising ex that is not following your requests with child support? Contact dedicated New York Divorce Attorney Jean Mahserjian for guidance in the matter.
This legal question was provided by Avvo and answered by Jean Mahserjian, an experienced New York Divorce Attorney. This does not consent an attorney client relationship.
