If my son's mother is harassing me (by phone, calling and texting, calling my job, showing up unannounced at my home & job) can I file harassment charges or a report on her, and also can I nor our son have no contact with her until we go to court for custody/visitation?
Family Law Attorney
It is not clear from your question what your options are. What does this "harassment" consist of? Threats? Stalking? Or just being a nuisance because you don't get along?
If the "harassment" is truly frightening or extremely annoying (odd hours of the night, perhaps the showing up at your job, repeated telephone calls), you might be able to get an order of protection, and if the behavior persists, seek police intervention or court contempt/violation proceedings.
I take it you have de facto physical custody of your son because the mother has so far "abandoned" him to your care, but have not gone to court yet to establish that you have legal or physical custody and some sort of shared parenting plan or schedule for the mother to have visitation or shared parenting? I would certainly consider doing this as soon as possible, and looking into a Family Law attorney in Onondaga County to assist you.
Getting court ordered and approved arrangements may help to stop or moderate this harassing behavior of the child's mother you are complaining about.
This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states that any information provided is not intended as legal advice or to create an attorney-client relationship between you and me or any other attorney. Such information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of others are not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely solely upon Legal Information you obtain from this website or other resources which may be linked to an answer for informational purposes. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. The full Avvo ToU are set forth at http://www.avvo.com/support/terms . In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of New York and Federal Courts. Any general information I provide about non-New York laws should be checked with an attorney licensed to practice in your State. Lastly, New York State Court rules (22 NYCRR Part 1200, Rule 7.1) also require me to inform you that my answers and attorney profile posted on the Avvo.com site may be considered "attorney advertising" and that "prior results do not guarantee a similar outcome".
1 found this helpful
3 lawyers agree
Divorce / Separation Lawyer
You would appear to have a basis for the harassment charge. As to whether you may withhold access to the child, this involves an assessment of the prior orders (if any) & more details regarding the situation. Thus, you should consult a Family Law attorney in your area.
* If you found my answer to be helpful, or the "best answer," please feel free to mark it accordingly.