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Can I get temporary custody of my son?

Q: 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. 

A: David’s Answer: 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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