What to expect in family court at a initial conference on a Petition for UCCJEA custody? Chances of custody &supervised visits?

Asked over 1 year ago - New York, NY

Divorce is being handled in another state, but NY has jurisdiction over our minor child being that we've resided here for over a year. The divorce in the other state would be handling the financials of our divorce and NY is handling the parenting plan. If my estranged spouse lives over 2000 miles away, has a history of domestic violence, multiple restraining orders and protection orders, and has not seen or had any contact with our minor child in over a year is sole custody for me pretty much guaranteed? Also, are my chances of him having supervised visitation till he gets help good?

Attorney answers (3)

  1. David Ivan Bliven

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . The initial conference date will be little more than confirmation of service of the petition, whether each side is represented by an attorney (or wants to be), and the possibility of assigning an Attorney for the Child. From your facts, it would appear the odds are greatly in your favor to win custody, but there are many more factors which would need to be assessed. As such, I'd highly suggest that you schedule a free follow-up consultation with a NYC Child Custody lawyer.

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  2. Jayson Lutzky

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . If there is a danger to the child, then supervised visitation is an option. Domestic violence, restraining orders and orders of protection are all matters for the judge to know about. An attorney will need to be appointed to represent the child. Have an experienced family law attorney assist you.

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  3. Marco Caviglia

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Added to the variables you raise, the position of your children and what they tell the AOC will have an effect, depending upon their age. Prepare all the relevant data for your attorney as soon as possible to construct your case as beneficially as possible, especially in establishing beginning parameters for the judge.

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