Q: My 5 year old Daughter has resided at various locations (at least 10 places no exaggeration) in three different states since she was 6 months back in August 2011. As a highly, all-around, involved Father, I am concerned about the well-being and stability of my Daughter going forward, now that Mom is 5 months pregnant with whom she is ‘on and off’ with, someone who on more than one occasion, placed his hands on her and once threatened my life, admitting to being mentally unstable in a phone conversation back on Aug 31st. Mom relocated from FL on two different occasions, most recent move in July ’16, to remain close to the man who hit her, left their FL home because the income wasn’t as great and it wasn’t the place for him, according to Mom. I can’t rest my head believing that the man who left her high and dry quite a few times, will assume full responsibility of the house once their child is born. Mom just informed me that she had to place our child in emergency childcare after school (09.19.16) because the man she continues to have high hopes for, left her out on her own to figure it out. What are my rights as a Father? I just want what’s in the best interest! Please help!
A: David’s Answer: Before advising more definitively, and as a preliminary matter, where the child mother & child reside? In NY or FL? If in FL, you’d need to pose this question to a FL attorney, as the case would likely need to be filed there. Then the next question is whether there’s a prior order of custody/visitation, and if so, which state issued it. Finally, many other factors would need to be assessed, such as where you live proximate to the mother, what accommodations you have to take custody and how involved you’ve in fact been. You should schedule a consult with a Bronx Family Law attorney for a full assessment.