Q: The father of my child has given me 15 days to evacuate his home due to a Marshall’s order of foreclosure but he has filed a order of protection against me for him and our child but our child is in my custody. will that affect me as far as keeping my child with me until the court date. I just received the order of protection today I am the Sole Provider for our child.
A: David’s Answer: If the court issued an order of protection that you “stay away” from the child, then you must immediately goto Family Court to contest that order. Otherwise, you must immediately give up custody of the child to the father. If the order does NOT contain a “stay away” provision, however, then there is no need to give up custody – but you should proceed to file a custody petition with the Family Court anyway. Schedule a consult with a Bronx Child Custody attorney for a full assessment.