How difficult would it be for a father to get custody of his newborn daughter (a few days old)?

Asked 4 months ago - New York, NY

How difficult would it be for a father to get custody of his newborn daughter (a few days old)? The mother files a paternity suit and for child support and he files for custody. Several adult women testify that the mother is an unfit mother and this man would be a very good father to her daughter if he gets custody of his daughter. The courts knows that he will complies with court visitation rights civil as far as a court of law in concerned.

Attorney answers (4)

  1. David Zaslavsky

    Contributor Level 18

    2

    Lawyers agree

    Answered . There is no way to predict the results of something like this without all of the facts. Consult with an attorney to help you with this. Many times, a court may see the filing of a custody petition by the father as a way of trying to avoid child support. While this may not be the case, unfortunately, it is done often enough that courts are sometimes prone to believe this.

    The ultimate consideration is what is in the best interests of the child. This determination is made based upon all of the relevant facts at the disposal of the court.

    I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and... more
  2. Steven P. Kuhn

    Contributor Level 13

    2

    Lawyers agree

    Answered . Winning custody for a father is never easy especially with a newborn. As long as you have good proof that the mother is unfit and that you are far superior you may have a lot of success. Make sure you get a good experienced matrimonial attorney to represent you.

  3. Rachel S. Silberstein

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . It is not impossible, but you have a long road ahead of you. Without all the facts, it would be impossible to predict. The Court is not going to take non-expert, biased opinions at face value. Forensics will have to be done and a law guardian would most likely be appointed. If you feel your child is in imminent danger you could file for emergency, temporary custody pending the determination of your custody petition. It is imperative you get an experienced, skilled lawyer to represent you on this important issue. Good luck

  4. David Ivan Bliven

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The question is how weighty is the evidence of the "adult women's [proposed] testimony." In other words, are they unbiased sources, or friends/relatives of the father? Did they witness the mother doing things which constitute neglect - and what were those things (& how often did they occur?). Many other factors need to be assessed as well, such as each party's home environment, financial ability to support, mental & physical health of the parties, etc. Call a NYC Child Custody lawyer to schedule a consult for a full assessment.

    * If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.

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