Legal Question in Family Law in New York

I have a court date, for both joint legal custody, and joint physical custody of my 6 month old daughter. I have been with the mother of my child for 7 years, unmarried. The mother of my child, and my daughter lives with her mother(grandmother of child)in her home. During these past 2 months, the grandmother of the child, has became too heavily involved, and restricted me from seeing my child, and girlfriend. She has been harassing, and threatening me and my family, and accusing us of making her daughter sick, when in reality, my girlfriend has suffered from postpartum depression. The grandmother already has an order of protection on her record, that I filed against her, and has to restrain from harassment, and harming me. I never had a problem with my girlfriend, and till this day, I still love her. I just want her to understand that I want us to be a family, and make things work for the sake of our daughter. I cannot contact or communicate her because her cell phone has been turned off due to her mother. The grandmother has an controlling, bullying type personality. My girlfriend is also 21, but scared of her own mother. My question to you, do I have a chance of the judge seeing things in my favor? If I express how much I love her, I want us to be a family, I have my own apartment, have an steady job, willing to pay child support? I understand the judge cannot force my girlfriend to live with me, and the fact that my girlfriend might deny my requests.


Asked on 3/12/12, 4:01 am

1 Answer from Attorneys

John O'Donnell Attorney at Law

I am not clear as to what your objectives are. It seems that you want to reconcile with your girlfriend and proceed with a custody/visitation action against her. The court will address your petition for custody/visitation, but it most likely will not involve itself in your attempts to reconcile. Please feel free to contact me if you require the assistance of an attorney. I may be reached at (212) 786-7539. All the best.

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Answered on 3/12/12, 7:11 am


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