New York, NY asked in Family Law and Child Custody for New York

Q: need direction to setting a immediate court order of joint custody/visitation with my son

In the beginning phase of a custody battle initiated by Petitioner(Me) also the father. The mother has had living custody of our son since birth, no order, adjudication or judgment.

How can I demand an order regulating joint custody/visitation while the proceedings are going. I ask because she is not allowing me access to our son and I need to see him.

He is currently on his way to being 6 months old. I hope submitting a motion with an Order to show cause or a RJI will allow an order to be set during the commencement of the proceedings. There is no Order of protection, reports of domestic abuse history.

Just her retaliatory allegations of substance (Marijuana) abuse and my past criminal history. Allegations that are unfounded, and overshadowed with a associates degree in Paralegal Studies and owner of a community motivated Not-For-Profit Org.

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1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
Answered
  • Divorce Lawyer
  • New York, NY
  • Licensed in New York

A: You can file for custody and visitation rights, and you may be able to seek an emergency order if reasonably necessary. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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