The mother of my son was renting a room in an apartment and everyone was evicted from the apartment. She decided to place herself and my son in a shelter. I don't feel that me being his dad my son should have to live in that type of situation. I would like to know what is the right way to go about this so that my son can live with me until his mom is in a stable situation.
Custody is a very fact-dependent analysis. You should speak with qualified counsel to learn what exactly are your rights and remedies given the facts you describe. Good luck!
You can file a petition for custody for your son. The court will appoint a law guardian to represent your son's interests. Depending on the child's age his or her input may be considered to some degree, but ultimately the test will be what is in there best interests if the child. Living in a shelter does not automatically disqualify her from being a capable caregiver. The court will consider all factors. Shelter, food , school, fostering a relationship with r both parents , stability , resources etc.
You should speak to an attorney asap, and file for custody immediately. The longer you wait, the less likely your chance of success.
To get an interim switch of custody, you'd need to file both a petition for custody as well as an order to show cause. How likely your chances are depend on assessment of many other factors, such as your involvement with the child, level of visitation, age of child, existence of criminal/child welfare history, etc. Schedule a consult with a Bronx Family Law attorney for a full assessment.
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