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Q: “I have a 5 year old. The mother of my child & I don’t have full custody of the child. She has 60% & I have 40%. I have paid child support, I have been present in my child’s life. I only see my child every two weekends. The mother of my child has been dating a guy who, my daughter recently told me, has been mistreating her, & that he has also hit her in the face with with a sandal. When I asked my daughter “What did your mom say/do?”, My daughter’s response was “she was also being mean to me & that I have to listen to him”. I called the mother of my child over the phone & she denied everything. When I went to pick up my child, the mother of my child had the nerve to tell me the man she is dating “has only hit our daughter 2/3 times since they’ve been dating”. I went to family and court & no one seemed to want to help me. I felt like I wasn’t being heard. I called CPS & they responded quickly. Ever since I called CPS, the mother of my child hasn’t let me see my child. She’s even taking me to court to fight for full custody. Not to mention the mother of my child has also taken out a passport for my child without my consent and also out of the country.
A: If you do not have a visitation order, you’d need to file a petition for one. In terms of “how to win the case” and/or “what you need to do,” it would vary based on what you’re seeking (custody v. visitation) as well as an assessment of numerous factors, such as history of access, presence of domestic violence, alleged/actual drug/alcohol abuse, criminal history, presence of mental illness, etc. Call a Westchester Child Custody attorney to schedule a consult for a full assessment.