Legal Question in Family Law in New York

My current boyfriend had a child with his former girlfriend in August. He has pretty much been unable to see his daughter since she was born. He is in the process of filing for joint custody, sole custody or at least visitation and she is being very spiteful. She files false police reports stating that hes stalking her, that she fears for her life and the life of her child, that he is a menace, etc. When the only time he contacts her is when he wants to see his daughter. I just want to know what he can do to counteract her spiteful ways and increase his chances of at least getting visitation or joint custody of his daughter. We both are worried about the safety of the child because both the childs mother and grandmother (person the childs mother lives with) are emotionally/mentally unstable, the grandmother is a drug abuser and mother unemployed. What should we do?

Asked on 11/22/09, 6:46 pm

1 Answer from Attorneys

The first thing he should do is obey any court orders, such as any orders of protection that have been filed against him, which may bar him from visiting the child.

Attempting to prove that the child's mother is mentally unstable is a difficult task, but if she has a reported history of, say, drug abuse, psychiatric problems, temporary living arrangement, you should bring up all of these considerations in any motion to obtain joint custody. Further, any facts which present your boyfriend as an upstanding citizen should be presented, and why he is no threat to the child.

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Answered on 12/01/09, 6:52 pm

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