Asked in Child Support, Divorce, Family Law and Child Custody for New York

Q: How does a lawyer ensure an abusive mother doesn’t obtain custody

HI, my friend has an physically and verbally abusive mother but him and his father are scared to go to court due to mothers usually getting custody over the children. He is a 16 yrs old and really needs help. How can a lawyer insure that his father will get custody. The mother is unemployed

3 Lawyer Answers
Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Divorce Lawyer
  • Commack, NY
  • Licensed in New York

A: First, let me say the employment status of the mother is irrelevant. However, a 16 year old hgas alot of say in who the custodial parent will be. The court can appoint an attorney for the child who can voice his preference to the court and the court can even have an interview, in the Judge's chambers, with the child. If the father has credible evidence of abuse and the child genuinly wants to live with the father, the father can get custody. Speak to a lawyer.

Christine Moccia
Christine Moccia
Answered
  • Divorce Lawyer
  • Rye Brook, NY
  • Licensed in New York

A: He needs his own attorney. The Father should ask the Court to appoint an Attorney for the Child.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Divorce Lawyer
  • Garden City, NY
  • Licensed in New York

A: If the father files for custody, the court will appoint a lawyer to the 16 year old who will represent him at all stages of the proceedings. That lawyer will tell the court who the 16 year old wants to live with. The judge will also speak to the child in her office (chambers) to see what the child has to say and what he wants. At that meeting with the judge the child can tell the judge what is going on and how his mother treats him. What is said at that meeting is confidential and the parents won't be told what is said. As a 16 year old, the child has a lot of input as to where he will go.

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