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 the child is in imminent danger. He files for emergency, temporary custody pending the determination of your custody petition. 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 (3)

  1. Jack Richard Lebowitz

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    Answered . Well, you might have a shot at it. It depends on all the facts and circumstances proven to the court, in a trial possibly, that the mother is "unfit" and you are fit. "Several adult women" on your side could be credible or not, depending. If it's just a "he said, she said" mudslinging contest, that probably won't win you custody. That's pretty typical Family Court accusations, and it's usually taken with a very big dose of skepticism. And she probably won't paint you as a Boy Scout either and will dig every piece of dirt in your past and throw it at you.

    Has she done things like committed abuse or neglect with her other children, proven in court proceedings or "founded" CPS/APS investigations, serious violent criminal convictions, or become provably addicted to drugs or alcohol, or face imminent incarceration? Will the Attorney for the Children definitely weigh in on your side? Do you have other children? Proven parenting skills?

    This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states... more
  2. David Zaslavsky

    Contributor Level 18

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    Answered . Please see my answer to this identical answer posted earlier.

    I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and... more
  3. David Ivan Bliven

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    Contributor Level 19

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    Answered . See my prior answer to your duplicate post.

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

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