David’s answer: I assume from your posting that the grandmother filed a petition in Bronx Co., NY? If so, there would be many more factors which are relevant other than merely you having been in prison recently which would warrant the court giving her custody. The Court is extremely unlikely (unless there's something else going on) to give her custody right from the beginning. -- David Bliven
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
Monday, November 19, 2012
Can my daughter grandmother get custody/visition rights from me?
Q: Ok me and my daughter father made an agreement that when he comes to New York this summer he can take our child to stay only for the summer to spend time with his family that she really never gets to see. I'm 24 my daughter is 2. We are from Chas. SC. Well I got arrested in March of this year for fraudulent checks. I spent almost seven months in a women's work camp prison. At the end of my sentence I got served with a petttion from my daughter's grandmothers (dads mom) saying we going to court for this. She says. In the petition. That I'm unstable and unfit to take care of her. Not true. I have court coming up this Tuesday. I need to know what to expect. Can they just take my baby away by here/say? Will I be able to go back to SC with her? That is our home. Please for advise.
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