Legal Question in Family Law in New York

Can I save my daughter?

Recently discovered how bad my wife's alcoholism is. Won't recognize that she needs help. Sits in front of TV and drinks or sleeps while daughter plays alone. Blames everything on me and challenges me to leave in front of our 5 yr. old daughter. If I leave, can I save my daughter from this environment? I fear that the verbal abuse will turn to her if I'm not there. I want custody if it should go that far.


Asked on 12/06/02, 1:41 pm

1 Answer from Attorneys

John Hayes The Law Office of John M. Hayes

Re: Can I save my daughter?

In New York State - - in the absence of any court order {or, perhaps, a duly executed separation agreement} both parents are / each parent is deemed to have a co-equal right to custody of the children.

Thus: in the event that you leave, you have a right to take custody of the child with you; which is to say, that you can take the child with you ... again, unless there is a court order {or, perhaps, a separation agreement} that specifies custody as being with one, particular parent.

Regards, etc.,

J.M.Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

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Answered on 12/06/02, 3:17 pm


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