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

Q: Should an unwed mother file for sole custody as a preventative measure?

My friend and her boyfriend had a child (born in SC - just over a year old) and they have since broken up due to some domestic violence issues. He was arrested for possession of drugs and a weapon and is in jail waiting a trial date. My friend has moved back home to New York but has not been able to file for custody in the state since she has not been living in NY yet for 6 months. Should she file for sole custody in South Carolina as a preventative measure and then transfer it over to New York once she becomes a resident?

SC law states that the natural mother has full custody when the parents are unwed, unless the father petitions for custody or visitation. Is there a benefit to filing for sole custody before he has the chance to file anything?

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1 Lawyer Answer
Peter Christopher Lomtevas
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Answered
  • Divorce Lawyer
  • Schenectady, NY
  • Licensed in New York

A: No. The mother's better course is to do nothing. If the father petitions, then the fights begin. The mother should not start a confrontation when one is not needed.

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