Syracuse, NY asked in Family Law, Child Custody, Child Support and Domestic Violence for New York

Q: How to get full custody when I have no income, lawyers and the father is abusive but I cannot prove? What’s my rights?

I have a 6 month old child and one on the way. I left the dad because he was toxic, abusive and treated me poorly. He never took care of my son.I also found him doing drugs. He works and makes a lot of money, I don’t currently work becsuse I was a Sahm and can’t afford daycare. He’s threatening to get lawyers and get full custody. We live in NY and I’m afraid of my baby getting taken away becsuse of the abuse that was in the house. I don’t know what steps I should take to get full custody because I don’t feel the father is safe, I cannot prove it. I don’t even have money for a lawyer. We are not married at all either. I did not call the police at the time the abuse happen and felt he was unsafe for child. I thought cps would take him away. So I have no proof on him. All my family lives out of state and I wanted to move there for better support system for my child and I and I don’t know how that will work either.He has had a previous cps case that was closed from his other child.diff mo

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

A: To begin with, unless you signed and had an acknowledgment of paternity notarized, under NY law he is not the father until that is done or there is a court order. You should get a consultation with a local attorney ASAP. you should also know that if you file for custody in family court, the court will appoint an attorney to represent you at no cost to you.

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