I’m in a custody battle with my son’s mother, Our First Court date is this week and I Plan on asking the Judge for Temporary Custody until our case is finished. Is this even an option in NY courts? I have my son 4-5 days a week already, I recently placed him in pre-school and I’m the Parent who takes him to school and picks him up and would like to keep this routine until things are settled between us. I’m scared once we start the case his mother will try to keep him from me as much as possible and disrupt his routine.
Certainly, you can ask for an Order of Temporary Custody--it sounds like you already are the primary residential parent if your son is with you the majority of the time. Yes, the mother probably will become very protective of her "position" and if she has an attorney she will be advised how to do so effectively. I suggest you have a confidential consultation with a local attorney immediately to fully review your case and strategize before the first court date. Good luck!
You definitely should ask the Judge for temporary custody by oral application, however, if your son's mother shows up with an attorney and you are pro-se (representing yourself) then you may be 'outlitigated' and may not have much time to speak. I have rarely seen a Judge change a custodial situation at a first appearance especially for someone who doesn't have an attorney speaking for them. Your reasons for asking for an immediate change in custody will have to be compelling and will have to warrant a child being uprooted from their home. The Court will also be assigning an Attorney for the Child to represent your son. It is also unusual for a Judge to order a change in custody without first hearing from the Attorney for the Child. I STRONGLY urge you to retain an attorney and go to this first appearance with a lawyer by your side.