What am I getting myself into with this custody battle

Asked over 1 year ago - Lindenhurst, NY

I went to court about 9 months ago to get custody of my son. He was currently staying with his grandmother after his mother abandoned him leaving him with his grandmother. After I filed a petition with the court the judge awarded residential custody to the maternal grandmother and joint custody to me and the mother of my child. Seeing as the mother of my child nor I could provide a safe environment for him to live at the time. The judge stated in writing that I had the right to refile a petition for custody once I became qualified with a safe home and a stable job. I reapplied for custody and I am waiting to speak with the judge in the mean time I have to have a home inspection and I am not sure what they will be looking for and I have been cut off from seeing my son.

Additional information

The maternal grandmother will call me for money(Not ordered to pay money I just do so my son is cared for properly; by check) but will threaten me with police if I step foot on her property to see my son and wont allow me to have any parenting time (Do not have in writing a set visitation schedule). Do I have to wait until trial to see my son? Do I still have to keep giving her money while we are going through the court process? What is the inspector going to look for in my home?

Attorney answers (4)

  1. Lawrence Allen Weinreich

    Contributor Level 17

    2

    Lawyers agree

    1

    Answered . First you should file a violation petition if you have an order of visitation that is not being followed. If there is an order of support you must keep paying it until relieved of the obligation by the court. In regard to the home inspection, all that they will be looking for is that the home is appropriate and that there are no safety concerns.

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  2. Bruce Howard Guttman

    Contributor Level 5

    2

    Lawyers agree

    Answered . Court awarded custody to grandmother? Why? How long was he living with the grandmother prior to your petitioning the court for custody? Are you the biological father? Is the child's grandmother, your mother? The I have more questions than answers and will need more information.

    As for the Home Study, they want to make sure that you have a suitable home for the child. Including his own bed etc.

    How much time has gone by since you petitioned the court for custody?

  3. Wendy Ann Keegan

    Contributor Level 3

    1

    Lawyer agrees

    Answered . You have a few options with regard to this situation.
    You can either wait until your next court appearance and request, prior to trial, a temporary order of visitation, or you can try to advance the court date by filing an order to show cause requesting same If you are unrepresented, the clerk of the court can help you with the paperwork.
    A home study is conducted to make certain that you can provide the child with a safe environment and will address issues such as number of bedrooms, cleanliness of home, adequate food, presence of smoke and carbon monoxide detectors in the home, etc.
    Please speak to a local attorney to get advice that is more specific to your particular matter. If you cannot afford an attorney, it may be possible for the court to appoint one to you, depnding on your financial circumstances.
    Best regards,
    Wendy A. Keegan, Esq.

  4. Morghan L Richardson

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . You can file an emergency order to show cause to seek to enforce visitation since she has suspended it in retaliation. You should also be sure to pay by check so that you can document how much you are paying, in the event that a child support case is filed. Good luck.

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