Legal Question in Family Law in New York
custody matters
I have an ex-boyfriend trying to get full custody of our daughter he is currently incarcerated and he has a past history of domestic violence. I would like to know what to do in this current situation. I am also trying to get him to relieve his parental rights for he has done nothing for his child and I am afraid for her because he is abusive please give me some insight.
2 Answers from Attorneys
Re: custody matters
Although there is not enough informaiton to make a full assessment, it sounds like there is little or no chance of him getting sole custody unless you are less fit than he is. As for the termination, unless he agrees there is very little you can do about that. The only other option is if the state brings a abuse/neglect petition against him and termination results from that.
Re: custody matters
Get a family court attorney right away. You need to file a neglect case against him to keep him away from her when he gets out.
Further, you really need to watch what you say in the petition for the neglect, as it might come back to haunt you. The State may say you are unfit, for not stopping the violence.
A good lawyer will know just what to say in the petition to keep you out of trouble and your daughter out of harm's way.
Good Luck.
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