Staten Island, NY asked in Child Custody for New York

Q: Want to file for sole custody of my almost 2Yr.The father currently has a warrant for assault Of a family member

How should I go about this want to protect my family and my self but still want my child to be apart of her father but I don’t want contact with him do not want thwarted are my options. I have been finically supporting my child since birth and she lives with me

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1 Lawyer Answer
Stephanie E. Emanuel
Stephanie E. Emanuel
Answered
  • Divorce Lawyer
  • Bronx, NY

A: First of all, I understand completely as to why you are pursuing sole custody of the minor child. You should keep in mind that while you have the safety of the child at heart, the court has the best interest of the child at heart. The court will allow and want you to co-parent the child. You can get sole-physical custody, but you might have to share legal custody, making decisions jointly or he has access to the child records. You can use this to start with and put him under supervised visitations. Based on how things go from there we can move forward. Despite what you know, you have to go to court with one eye towards being a cooperative parent so that the court does not see you as the bad person and favors the other party.

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