Divorce
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Domestic Abuse

Child custody- NY

Q: My son’s father is taking me to court to take my son away from me. He threatened to take my son custody because I don’t want to have communication with him. He is a violent person (he was arrested for domestic violence (hit me) and had two harassment file against him) I lived with my sister so he can call his son from her number. But still he wants to have communication with me or will take me to court. As I didnt agree, court is in two weeks. What could happen at the first appearence? Do I need to take my son with me? Can I alleged that he is a violent person and request a protection order?

A: David’s Answer: At the initial appearance, the court will most likely conduct intake – meaning the Judge/Referee will ensure the Petition was properly served, advise each party they have right to counsel (including a right to an adjournment in order to hire private counsel, or a right to assigned counsel if financially qualified), and inquire about settlement possibilities (including the need for an interim orders). You do NOT need to bring the child with you, unless otherwise specifically directed by the Court. Finally, you should strongly consider filing a Custody & Family Offense Petition. You should also call a Bronx Child Custody attorney to schedule a consultation for a full assessment.

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