There are too many variables to be "sure" as to what would happen if you separated from your husband regarding your child. Importantly, you cannot apply for custody or parenting rights while you as yet reside with him.
Yes. You can file for custody in the family court in New York in the county in which you live. You should hire an attorney to assist you with the filing and representing you in court.
This answer is for informational purposes only. It does not establish an attorney client relationship.
I agree with Ms Fiss - one cannot generally file for custody while still residing with the other parent. The exception is if you are imminently separating. If you are not, then you can raise the custody issue within the context of a divorce filing, but otherwise would be precluded from proceeding on a custody filing in Family Court. Schedule a consultation with a NYC Child Custody lawyer for a full assessment.
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