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Can a final order of protection against my ex husband and his mother determine my having sole custody of our son?

Q: I have a temporary order of protection from NJ courts, a full stay away from myself and my children. My ex husband and I are currently involved in NY family courts and because of the TPO from NJ, the judge in NY family Court couldn’t order any visitation or custody orders. If I get a final stay away order of protection from NJ, will that determine my having custody in NY family Court? No orders are in place and if NJ sees him unfit, what can NY do?

A: David’s Answer: It depends – certainly even the existence of an order of protection would be a consideration for the Court. But the stronger evidence would be not only the order of protection, but a court finding that he did, indeed, commit an act of domestic violence against you (this may be upon his plea or a finding after trial). Schedule a consult with a Bronx Child Custody attorney for a full assessment.

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