Expert Advice When You Need It Most

I just went and filled out a custody petition, can i take and hold my child at my house until family court? (NY LAWS)

I'm the father of a 5 year old girl. Her mother and I broke up about 3 years ago. Me being a nice guy and giving her the benifit of doubt let my daughter reside at her mothers house with the understanding that I would be picking her up and taking her for large periods EVERYDAY and overnights at least on friday. With this said, I also give her $50 a week for support. I provide my child with all of her financial needs (health ins, food, clothes). She also has her own bedroom at my house with anything she could possible need. Needless to say it's been slowly going down hill everyday since the origional agreement. Now just yesterday, the mother of my child harrassed my girlfriend over her phonr for hours, then she followed her accross town and assulted her in my driveway.Can i keep my child?

Save

Attorney answers (1)

Avvo Pro

Reputation Level 11
Your best bet is to pursue a more formal parenting access schedule, and to file a petition in Court to have the schedule ordered by the Court. You cannot "keep" custody of your daughter without a Court order, but as the natural father, you do have certain custodial rights. Going before a Judge will eventually lead to a court ordered schedule, which every one will have to follow, and which can be enforced. The situation you have now can only lead to trouble, and is a formula for disaster for your daughter.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now